MEMOIRS  BY  JOHN  H.   REAGAN 


MEMOIRS 


WITH   SPECIAL   REFERENCE 

TO   SECESSION  AND  THE 

CIVIL  WAR 


BY 


JOHN  H.  REAGAN,  LL.  D. 

Postmaster-General  of  the  Confederacy;   Sometime  United  States  Senator; 

Chairman  of  the  Railroad  Commission  of  Texas;  President 

of  the   Texas  State  Historical  Association 


EDITED  BY 
WALTER  FLAVIUS  McCALEB,  PH.  D. 

Sometime  Felloiv  in   History  in  tht    University  of  Chicago 

WITH  INTRODUCTION  BY 
GEORGE  P.   GARRISON,  PH.  D. 

Professor  of  History  in  the    University  of  Texas 


NEW  YORK  AND  WASHINGTON 
THE  NEALE  PUBLISHING  COMPANY 

1906 


COPYRIGHT,  1906 
BY  MOLLIE  FORD   REAGAN 


This  volume  is  dedicated  with  reverential  respect 
TO  THE  PATRIOTS 

who,  in  the  council  and  on  the  field,  pledged  life  and  fortune 
to  the  Cause  of  the  Confederate  States  of  America ; 

TO  THE  DAUGHTERS  OF  THE  CONFEDERACY 

who,  endowed  with  the  self-sacrificing  virtues  of  their  noble 
mothers,  are  doing  so  much  for  the  preservation  and  perpetua 
tion  of  the  true  history  of  the  causes  and  conduct  of  the  War 
between  the  States ;  and 

TO  THE  SONS  OF  CONFEDERATE  VETERANS 

upon  whom  devolves  the  grave  duty  of  vindicating  their  fathers 
against  the  calumny  of  rebellion  and  treason,  and  upon  whose 
wisdom  and  patriotism  largely  rests  the  hope  of  this  great  Re 
public. 


427357 


CONTENTS 

Page 

EDITOR'S  PREFACE 15 

AUTHOR'S  PREFACE 13 

INTRODUCTION   17 

Chapter 

I.     YOUTH  AND  EARLY  EXPERIENCES 23 

II.     THE  CHEROKEE  CAMPAIGN 29 

III.  SURVEYING  EXPEDITIONS 37 

IV.  INDIAN  AND  INTERNAL  TROUBLES 44 

V.     LAWYER  AND  LEGISLATOR 51 

VI.  IN  CONGRESS 62 

VII.  REELECTION  TO  CONGRESS 72 

VIII.  CAUSES  OF  THE  WAR  BETWEEN  THE  STATES 83 

IX.  ORGANIZATION  OF  THE  CONFEDERATE  GOVERN 
MENT  104 

X.  THE  CONFEDERATE  POST  OFFICE  DEPARTMENT....  124 

XL  THE  STRUGGLE  FOR  RICHMOND 136 

XII.  CABINET  AND  OTHER  QUESTIONS 146 

XIII.  HAMPTON  ROADS  CONFERENCE 166 

XIV.  THE  CAMPAIGNS  OF  1864  AND  J865 180 

XV.  THE  SURRENDER  OF  OUR  ARMIES 196 

XVI.     THE  PRESIDENT  AND  CABINET  IN  RETREAT 208 

XVII.     LOOKING  TO  THE  FUTURE 225 

XVIII.     RECONSTRUCTION  AND  AFTER 236 

XIX.     IN  RETROSPECT 249 

APPENDICES  253 


ILLUSTRATIONS 

PORTRAIT  OF  JOHN  H.  REAGAN Frontispiece 

PORTRAIT  OF  JEFFERSON  DAVIS Facing  page  106 

THE  FIRST  CONFEDERATE  CABINET Facing  page  146 

"FORT  HOUSTON,"  THE  HOME  OF  JUDGE  JOHN 

H.  REAGAN,  NEAR  PALESTINE,  TEXAS Facing  page  234 


AUTHOR'S  PREFACE 

In  offering  to  the  public  my  Memoirs,  it  is  proper  for  me  to 
state  the  purposes  which  induced  me  to  undertake  their  prepa 
ration.  First,  my  hope  is  that  by  example  I  may  stimulate 
youthful  readers  to  honorable  aspirations ;  and  second,  it  is  my 
desire  to  show  by  authentic  documents,  Confederate  and  Fed 
eral,  the  justice  of  the  cause  of  the  late  Confederate  States. 
Subsidiary  to  these  two  purposes  is  one  which  I  think  has  been 
partially  fulfilled — to  give  a  more  or  less  connected  record  of 
the  events  of  my  own  time. 

It  is  not  the  purpose  of  the  author  to  revive  the  controversies 
of  the  past,  but  simply  to  perform  what  he  believes  to  be  a  duty 
to  a  brave,  self-sacrificing  and  patriotic  people.  My  own  record 
since  the  war,  whether  as  a  private  citizen  or  as  a  State  or 
Federal  official,  shows,  I  think,  that  I  accepted  in  good  faith 
the  legitimate  results  of  the  war,  and  that  I  have  constantly 
sought  to  promote  the  welfare  of  the  whole  country.  It  is  my 
country — I  am  proud  of  it,  and  rejoice  in  its  achievements. 
While  at  times  I  am  somewhat  disheartened  by  the  apparent 
changes  in  the  character  and  administration  of  the  Federal  Gov 
ernment  from  what  they  were  in  my  early  political  experience, 
I  still  look  forward  hopefully  to  the  time  when  they  shall  be 
brought  back  to  their  original  simplicity  and  purity.  And  I  can 
not  avoid  a  somewhat  painful  solicitude  as  to  the  future  of  the 
growing  conflict  between  labor  and  capital. 

With  material  at  hand  which  would  have  required  a  number 
of  volumes,  I  submit  this  one,  for  want  of  time  and  means  to 
complete  a  more  extended  and  systematic  work,with  a  full  knowl 
edge  of  its  imperfections. 

My  endeavor  has  been  to  conform  to  the  truth  of  history, 
and  to  make  no  truce  with  error  by  compromise.  And  while 


14  AUTHOR'S  PREFACE 

dealing  to  some  extent  with  controverted  questions,  I  try  to  be 
just  and  fair,  invoking  the  charitable  judgment  of  those  who 
may  read  it. 

If  a  question  should  be  made  as  to  the  propriety  of  my  em 
bracing  in  the  book  a  number  of  my  speeches  and  letters  of  the 
past,  I  offer  as  a  reason  for  this  that  they  present  a  living  por 
traiture  of  most  important  events,  drawn  when  they  were  occur 
ring,  and  are  not  an  afterthought  designed  to  sustain  a  theory. 
They  convey  a  clearer  idea  of  the  events  referred  to  than  could 
be  expected  from  statements  made  at  this  time  in  relation  to 
them. 


EDITOR'S  PREFACE 

It  was  with  considerable  trepidation  that  I  undertook  to  edit 
Judge  Reagan's  manuscript.  This  was  in  part  due  to  my  great 
respect  for  his  ability  and  character,  but  above  all  to  my  fear 
that  the  inherent  difficulties  of  the  task  would  prove  in  a  degree 
insuperable. 

Four  months  at  Fort  Houston  in  daily  contact  with  the  Nestor 
of  Southern  statesmen  have  only  served  to  add  to  my  apprecia 
tion  of  the  man,  and  therefore  to  impress  me  more  deeply  with 
the  seriousness  of  my  undertaking.  His  constructive  genius  for 
government,  his  whole-souled  devotion  to  duty,  his  firm  adher 
ence  to  principle,  his  unswerving  attachment  to  his  friends,  his 
intense  belief  in  the  rightfulness  of  the  cause  of  the  South,  the 
solidarity  of  his  achievements — all  lead  me  to  bow  reverently 
before  the  summing  up  of  so  much  of  the  labors  of  his  life  as  is 
shown  in  this  volume. 

As  for  the  difficulties  which  were  anticipated,  I  think  it  may 
be  safely  said  that  they  have  been  in  the  main  surmounted.  It 
is  due  to  the  author  and  myself  to  state  that  the  text  of  the 
work  is  Judge  Reagan's;  and  that  I  edited  it  no  further  than 
was  deemed  necessary  for  clearness.  My  theory  has  been  that 
the  story  and  its  telling  should  be  his — that,  in  a  sense,  is  the 
man.  The  stylistic  qualities  of  rugged  forcefulness,  of  incisive 
vernacular,  in  his  writings,  are  indices  of  his  nature. 

Texas,  the  South,  the  Union  ought  to  be  proud  of  the  grand 
"Old  Roman,"  as  he  has  been  called.  Handicapped  by  poverty 
and  lack  of  education  he  began  the  business  of  life  in  the  wilds 
of  Texas  while  it  was  still  a  Republic,  and  in  time  rose  from 
surveyor  to  legislator,  from  district  judge  to  Congressman,  from 
Congressman  to  Postmaster-General  of  the  Confederacy.  The 
best  of  him  was  given  to  the  "Lost  Cause" — and  there  lies  the 


16  EDITOR'S  PREFACE 

heart  of  his  Memoirs.  His  later  career  in  the  House  and  Senate 
of  the  United  States  was  conspicuous  in  its  many-sided  activity, 
and  his  service  as  chairman  of  the  Commerce  Committee  was 
characterized  by  an  intense  interest  in  the  commercial  welfare  of 
the  whole  country. 

Not  the  least  of  the  sacrifices  which  the  Senator  has  made 
in  responding  to  the  call  of  the  State  was  his  resigning  from 
the  Senate  to  accept  the  post  of  chairman  of  the  Texas  Rail 
road  Commission.  And  here  his  public  service  ended.  Truly 
may  it  be  said  that  he  is 

"One  who  never  turned  his  back  but  marched  breast  forward, 

Never  doubted  clouds  would  break, 
Never  dreamed,  tho'  right  were  worsted,  wrong  would  triumph, 

Held  we  fall  to  rise,  are  baffled  to  fight  better, 
Sleep  to  wake." 


INTRODUCTION 

The  Civil  War  has  been  by  no  means  an  experience  wholly 
evil  for  the  South.  Out  of  its  wreck  and  ruin  have  come  a 
clearer  understanding  and  a  deeper  sense  both  of  the  strength 
and  the  weakness  of  Southern  civilization,  and  it  thus  remains 
an  invaluable  lesson  to  all  who  are  concerned  in  its  results. 
One  of  the  best  things,  however,  that  have  come  of  it  is  the 
thoroughly  tested  character  of  some  of  the  leaders  in  council 
and  in  the  field  on  both  sides  during  that  period  of  storm 
and  stress.  This  is  a  matter  of  supreme  social  consequence ; 
for  the  heroes  of  a  people  establish  its  standards  of  conduct  and 
of  aspiration.  And  one  of  the  happiest  results  of  the  reconcilia 
tion  of  North  and  South  and  the  growing  sense  of  harmony  in 
the  true  interests  and  ideals  of  the  sections  is  that  pride  in  the 
achievements  of  the  really  great  men  whom  the  war  brought 
to  the  front  is  no  longer  confined  to  one  part  of  the  United 
States  for  some  and  to  another  for  the  rest,  but  has  become  an 
uplifting  influence  that  pervades  the  entire  nation. 

Among-  those  on  whom  the  severe  tests  of  the  last  half  century 
have  left  the  indubitable  stamp  of  greatness  is  John  H.  Reagan. 
While  yet  living  he  had  won  a  place  among  the  foremost  in  the 
reverential  regard  of  those  who  knew  him ;  and  with  the  lapse 
of  time,  as  the  perspective  grows  clearer  and  his  work  is  better 
understood,  he  must  be  seen  in  a  still  more  favorable  light. 
None  was  more  unfaltering  in  his  adherence  to  principle,  none 
more  consistent  in  his  devotion  to  the  popular  interest  or  more 
effective  in  its  support;  and,  though  his  efforts  often  ended  in 
failure,  his  strength  and  capacity  for  leadership  are  beyond 
question. 

But  some  will  say  that  his  most  strenuous  efforts  were  put 
forth  to  destroy  the  Union,  and  that  the  people  of  the  nation 


INTRODUCTION 


cannot  therefore  join  in  doing  honor  to  hie  memory  or  com 
mending-  his  conduct  to  the  young  men  and  boys  of  America 
as  worthy  of  imitation.  Such  an  argument,  however,  involves 
an  assumption  concerning  his  motives  that  is  at  once  inaccurate 
and  unfair.  He  loved  the  Union  with  all  the  warmth  of  his 
patriotic  nature,  and  no  man  was  further  than  he  from  seeking 
its  dissolution  as  an  end  in  itself.  He  would  consent  to  dis 
solve  it  only  for  the  sake  of  what  was  to  him  a  still  higher 
ideal—  the  sovereignty  of  the  States.  Considering  his  point  of 
view  and  the  conditions  under  which  his  political  philosophy 
took  shape,  there  needs  no  elaborate  disquisition  on  the  con 
stitutional  law  of  the  United  States  to  show  the  injustice  of 
regarding  his  attitude  as  treasonable.  Nor  should  it  be  for 
gotten  that,  when  his  theory  of  the  nature  of  the  Union, 
already  weakened  by  natural  economic  and  political  tendencies 
toward  centralization,  went  down  before  the  strongest  on  the 
battlefield,  he  accepted  the  result  in  good  faith  and  remained 
a  loyal  American  citizen.  To  himself,  this  was  no  enforced 
conversion,  but  simply  steadfastness  to  one  of  the  prime  articles 
of  his  old  political  creed.  The  fact  which  stands  dominant  in 
determining  the  significance  of  his  career  is  that  he  was  faithful 
to  his  convictions.  No  true  man  can  be  less;  and  herein  his 
example  commends  itself  to  all. 

Judge  Reagan  did  not  come  of  the  aristocratic  slave-holding 
class  of  the  Old  South,  but  was  born  and  reared  in  comparative 
poverty.  No  strong  bond,  therefore,  of  material  interest  held 
him  to  the  spot  of  his  birth,  and  in  early  youth  the  search  for 
larger  opportunity  carried  him  to  Texas.  What  difficulties  he 
had  there  to  overcome,  and  how  he  achieved  success  in  spite 
of  them  all,  is  clearly  evident  from  his  own  narrative,  which 
need  not  be  anticipated  here. 

Suffice  it  to  say  that  his  environment  was  such  as  strongly 
to  develop  his  native  instinct  of  rugged  self-dependence,  and 
this  became  one  of  his  most  prominent  characteristics.  He  was 
always  ready  to  take  upon  himself  the  burdens  of  others,  but 
he  sought  no  help  in  carrying  his  own.  None  ever  accepted 


INTRODUCTION  19 

such  responsibilities  as  fell  to  him  with  greater  bravery  and 
determination,  or  bore  them  in  manlier  fashion.  It  was  no  vain 
show  of  loyalty,  but  consistent  obedience  to  the  dictates  of  his 
heart  and  conscience  that  led  him  to  ask,  when  he  was  captured 
along  with  President  Davis,  that  he  might  share  the  fortunes  of 
his  fallen  chief.  How  little  of  demagoguery  or  selfish  ambition 
was  in  him  is  shown  by  his  Fort  Warren  letter,  whose  distasteful 
advice  to  the  people  of  Texas  seemed  at  the  time  to  have  broken 
completely  the  hold  of  its  writer  upon  them,  and  by  his  refusal 
to  accept  the  governorship  of  the  State  by  appointment  of  the 
Federal  authorities  during  the  period  of  Reconstruction. 

Judge  Reagan  died  without  an  apology  for  his  record,  and  in 
complete  willingness  to  be  judged  thereby.  The  impartial  ver 
dict  of  history  may  find  in  it  mistakes,  but  no  cowardice  or  con 
scious  wrong.  May  his  type  of  pure,  robust,  and  strenuous 
manhood  never  fail  among  those  for  whom  his  work  was  done. 

GEORGE  P.  GARRISON. 


MEMOIRS  BY  JOHN  H.  REAGAN 


MEMOIRS  BY  JOHN  H.  REAGAN 


CHAPTER  I 
YOUTH  AND  EARLY  EXPERIENCES 

I  was  born  in  Sevier  County,  Tennessee,  on  the  8th  day  of 
October,  1818,  and  was  the  first  child  of  a  family  of  six, 
five  sons  and  one  daughter.  My  father's  name  was  Timothy 
R.  Reagan ;  my  mother's  maiden  name  was  Elizabeth  Lusk. 
Of  the  four  lines  of  my  ancestors,  the  Reagans  were  Irish, 
the  Lusks,  English ;  the  Robertses/  Welsh^  and  the  Schutzes, 
German.  Each  of  these  branches  was  living  in  the  Amer 
ican  colonies  prior  to  the  Revolution.  Members  of  each  of 
these  families  came  over  the  mountains  into  what  is  now 
Tennessee,  then  a  part  of  the  State  of  North  Carolina.  My 
great-grandfather,  Timothy  Reagan,  was  a  soldier  in  the 
Revolution,  and  was  seriously  wounded  at  the  battle  of 
Brandywine.  Later,  he  removed  to  what  was  then  called  the 
West  and  aided  in  the  building  of  Lawson's  Fort,  on  a  site 
about  four  miles  from  the  present  town  of  Sevierville,  when 
the  Indians  still  occupied  that  country.  It  was  the  first  fort 
built  in  that  quarter,  now  Sevier  County;  and  my  grand 
father,  Richard  Reagan,  was  one  of  the  first  white  children 
born  there.  My  father  and  I  were  also  born  in  the  same 
neighborhood. 

In  my  youth,  when  not  at  school, — and  I  first  attended 
Nancy  Academy  at  Sevierville, — I  worked  in  my  father's 
tanyard ;  and  later,  when  his  fortunes  were  changed,  on  his 
farm.  My  father  became  involved  in  financial  troubles,  and 
was  unable  to  give  his  children  such  education  as  he  had 


24  MEMOIRS    BY    JOHN    H.    REAGAN 

intended.  When  I  was  about  sixteen  years  of  age  I  under 
took  the  task  of  securing  an  education,  and  began  it  by 
hiring  myself  to  Major  John  Walker  for  one  year  at  farm 
work,  at  nine  dollars  a  month,  payable  in  corn  at  two 
shillings  a  bushel.  This  corn  I  sold  at  twenty-five  cents, 
which  reduced  my  pay  to  but  a  little  over  seven  dollars  per 
month.  With  the  proceeds  of  the  sale  of  my  corn  I  pur 
chased  clothing  and  books,  which  by  working  Saturdays, 
and  mornings  and  evenings  to  pay  for  my  board,  enabled 
me  to  attend  Boyd's  Creek  Academy  two  sessions. 

At  the  end  of  the  second  session  John  Brabson  employed 
me  to  take  a  flatboat  load  of  produce  for  him  clown  the 
French  Broad  and  Tennessee  rivers  to  north  Alabama.  I 
was  fortunate  in  finding  a  good  market  for  the  produce,  and 
sold  it  and  the  boat.  He  then  engaged  me  for  twelve  months 
to  take  charge  of  a  large  set  of  flouring  and  saw  mills.  The 
earnings  of  that  year  enabled  me  to  attend  the  Marysville 
Seminary  (now  college)  for  two  sessions.  On  returning  to 
Sevier  County  my  old  employer,  Major  Walker,  engaged 
me  for  a  few  months  as  salesman  and  bookkeeper  in  his 
country  store  at  Fair  Garden.  In  order  to  obtain  more 
profitable  employment  to  enable  me  to  graduate  from  the 
Seminary,  I  went  south,  floating  down  the  French  Broad  and 
Tennessee  rivers  in  a  flatboat  to  Decatur,  Alabama. 

There  a  Mr.  Bishop,  with  whom  I  had  become  acquainted, 
proposed  to  take  me  in  partnership  with  him  in  the  retail 
liquor  business,  he  to  furnish  house,  fixtures  and  liquors,  and 
I  to  attend  to  sales,  the  profits  to  be  divided  equally  between 
us.  I  declined  his  proposition,  which  would  have  yielded 
me  a  handsome  income,  because  I  did  not  wish  to  engage  in 
that  sort  of  business,  or  to  be  brought  in  contact  with  the 
people  who  for  the  most  part  frequent  such  places. 

From  Decatur  I  took  my  first  ride  on  a  railroad  to  Tus- 
cumbia,  Alabama ;  thence,  partly  by  stage  coach,  and  partly 
on  foot  I  made  my  way  to  Memphis,  Tennessee,  which  was 
then  (the  winter  of  1838)  but  a  village  of  small  houses 
scattered  upon  a  bluff  of  the  Mississippi  River.  From 


YOUTH    AND    EARLY    EXPERIENCES  25 

Memphis  I  took  deck  passage  on  a  passenger  steamboat, 
and  reached  the  city  of  Natchez  with  fifty  cents  in  my 
pocket.  I  visited  a  number  of  business  houses,  seeking 
employment,  but  was  told  by  those  in  authority  that  the 
cotton  season  was  far  advanced  and  that  they  needed  no 
additional  help. 

After  tramping  some  time  I  came  to  the  store  of  a  gentle 
man,  who  I  afterwards  learned  had  gone  through  such 
an  experience  as  I  was  then  having.  He  told  me  that  it  was 
too  late  in  the  season  for  me  to  expect  to  get  employment 
as  a  clerk,  but  suggested  that  if  I  was  qualified  to  teach, 
I  might  find  a  place  with  a  Mrs.  Perkins.  I  had  with  me 
letters  from  the  president  and  professors  of  the  Seminary 
recommending  me  as  competent  to  teach ;  so  I  acted  on  his 
suggestion,  and  went  to  see  her.  On  the  way,  when  I  had 
got  out  of  the  city,  overcome  by  a  feeling  of  helplessness, 
among  strangers  in  a  strange  land,  and  without  money 
enough  to  pay  for  a  night's  lodging,  I  sat  down  by  the 
roadside  and  took  a  hearty  cry.  This  seemed  to  relieve 
me. 

When  I  reached  the  home  of  Mrs.  Perkins  she  told  me 
she  wanted  a  teacher,  and  had  agreed  with  two  or  three  of 
her  neighbors  that  they  should  jointly  employ  one.  She  re 
quested  that  I  should  go  to  Mr.  Jackson,  a  neighbor,  and  that 
he  would  make  the  necessary  arrangements  with  me.  I 
called  on  him  that  evening,  and  offered  to  show  him  the 
testimonials  as  to  my  qualifications  to  teach.  He  said  he 
did  not  care  to  look  at  them ;  that  he  had  never  known  any 
one  to  offer  bad  testimonials.  I  told  him  I  was  without 
money  and  that  it  was  important  to  me  to  know  as  soon 
as  might  be  convenient,  whether  I  was  to  get  employment. 
He  suggested  that  I  should  remain  with  him  that  night, 
and  he  would  see  what  could  be  done.  I  may  here  state  that 
he  was  a  brother  to  Governor  Jackson  of  the  State  of  Mis 
souri  ;  and,  as  he  told  me,  he  had  gone  through  an  interesting 
experience.  He  said  that  he  and  two  others,  boys  of  about 
his  age,  had  been  bound  out  to  learn  the  trade  of  plasterers 


^6  MEMOIRS    BY    JOHN    H.    REAGAN 

and  painters  in  St.  Louis,  but  that  they  had  run  away.  He 
had  begun  life  in  Natchez  as  a  brickmaker;  had  prospered 
and  married.  His  wife  was  a  lady  of  considerable  fortune, 
I  learned  afterward. 

The  next  morning  he  told  me  they  would  employ  me 
as  teacher,  but  that  if  I  preferred  he  could  do  better  for 
me,  and  would  give  me  five  hundred  dollars  to  oversee 
his  men  until  the  end  of  the  year.  This  seemed  to  me  very 
liberal,  but  I  stated  to  him  that  I  had  no  experience  in 
the  management  of  a  farm,  or  of  negroes.  He  said  he  would 
be  at  home  all  the  time,  and  that  if  I  needed  advice  I  might 
call  on  him.  I  accepted  his  offer  and  found  him  to  be  a  very 
agreeable  man.  During  the  following  April,  however,  the 
men  complained  of  not  having  meat  enough;  whereupon  I 
called  Mr.  Jackson's  attention  to  their  wants.  He  declined 
to  satisfy  them,  and  I  refused  to  continue  in  his  service. 

I  left  Natchez  on  a  Red  River  steamboat,  intending  to 
see  General  Thomas  of  Alexandria,  Louisiana,  who,  like 
myself,  was  a  native  of  Sevier  County,  Tennessee,  and  who 
was  an  extensive  sugar  planter,  in  the  hope  that  he  might 
aid  me  in  securing  a  position.  On  the  boat  I  met  with  a 
Colonel  Strode  who  lived  in  Nacogdoches,  Texas.  He  as 
certained  that  I  was  seeking  employment,  and  offered  me 
eight  hundred  dollars  a  year  if  I  would  go  to  Nacogdoches 
and  sell  goods  for  him,  stating  that  he  was  a  merchant.  I 
was  pleased  with  this  offer,  and  agreed  to  go  to  Texas 
instead  of  stopping  at  Alexandria.  There  were  a  number 
of  people  on  the  boat  going  to  Texas — a  Mr.  Griffith  and  his 
family,  the  Anglins,  H.  Clay  and  Dick  Davis,  and  others. 
We  went  together  overland  from  Natchitoches  toward  the 
new  Republic,  which  had  so  recently  won  its  independence. 
We  reached  the  Sabine  River,  and  camped  on  the  bank, 
and  there  met  a  gentleman  by  the  name  of  Patterson,  who 
lived  at  Nacogdoches.  He  learned  from  the  company  that 
I  was  going  to  Texas  to  sell  goods  for  Colonel  Strode, 
with  whom  he  was  acquainted.  He  thereupon  informed 
me  that  I  had  been  deceived  by  Colonel  Strode ;  that  it  was 


YOUTH    AND    EARLY    EXPERIENCES  27 

true  he  had  a  very  small  assortment  of  goods  at  his  country 
home,  but  did  not  have  eight  hundred  dollars  worth,  and 
was  a  man  without  credit.  I  called  the  Colonel's  attention 
to  this  statement,  and  he  got  out  of  the  false  position  by 
seeming  to  get  mad. 

I  thought  I  would  return,  but  my  comrades,  and  especially 
Mr.  H.  Clay  Davis,  urged  me,  as  I  was  on  the  border  of 
Texas,  to  go  on  and  see  something  of  the  country.  So  I 
crossed  the  Sabine  River  at  Myrick's  Ferry  on  the  2Qth  of 
May,  1839,  having  with  me  a  few  articles  of  clothing  tied 
up  in  a  handkerchief,  and  a  ten-dollar  bill  on  the  Holly 
Springs  Bank  of  Mississippi,  which  was  worth  but  fifty  cents 
on  the  dollar — practically  my  all  in  the  world.  At  this  time 
there  were  probably  not  one  hundred  thousand  white  people 
in  the  Republic.  There  were  but  twenty-six  States  in  the 
Union;  there  was  not  a  railroad  west  of  the  Alleghany 
Mountains ;  there  was  but  one  in  Georgia,  and  but  a  short 
line,  forty- four  miles  long,  around  the  Muscle  Shoals  of  the 
Tennessee  River.  The  postage  on  letters  of  a  half-ounce 
weight,  between  Texas  and  the  United  States,  was  almost 
prohibitory.  The  inland  postage  on  such  a  letter  in  the 
United  States  was  twenty-five  cents ;  the  ship  postage  ( for 
our  mail  matter  came  largely  by  way  of  the  Gulf  of  Mexico) 
was  twenty-five  cents ;  and  the  inland  postage  in  Texas  was 
twenty-five  cents,  making  a  total  charge  of  seventy-five  cents. 

In  Shelby  County  I  met  the  Hon.  Isaac  W.  Burton,  a 
senator  of  the  Republic  of  Texas,  who,  after  making  kindly 
inquiries  of  me,  invited  me  to  the  home  of  Mr.  Martin  Lacy, 
his  father-in-law,  where  he  lived  in  the  western  part  of 
Nacogdoches  County.  I  went  on  foot  to  Mr.  Lacy's,  stop 
ping  for  the  night  at  the  residence  of  a  Mr.  Nations,  three 
miles  from  San  Augustine.  While  at  supper  he  came  in 
from  town  and  stated  that  a  man  had  been  killed  there  that 
day.  I  passed  through  San  Augustine  the  next  morning, 
and  stopped  for  the  night  at  the  residence  of  Colonel  Steel, 
ten  or  twelve  miles  west  of  the  town.  I  was  sitting  on  his 
porch  with  two  or  three  others,  when  Colonel  Steel  reached 


MEMOIRS    BY    JOHN    H.    REAGAN 

home  from  San  Augustine  and  announced  the  killing-  of  two 
more  men  there.  I  made  a  sort  of  involuntary  exclamation 
of  surprise  that  three  men  should  have  been  killed  in  two 
days.  ^Colonel  Steel  said  to  me,  "Young  man,  where  are  you 
from?'^  I  answered  that  I  was  from  East  Tennessee. 
"Well,"  he  said,  "this  may  sound  strange  to  one  from  that 
country;  but  from  the  example  of  murders  in  this  community 
not  much  harm  comes;  in  these  cases  one  desperado  kills 
another/'  Such  was  my  introduction  into  the  Republic  of 
Texas. 


CHAPTER  II 
THE  CHEROKEE  CAMPAIGN 

During  the  month  of  June,  1839,  Mr.  Lacy,  who  was  the 
Indian  agent  for  the  Cherokee  tribe  of  Indians,  then  occupy 
ing  the  territory  now  known  as  Cherokee  and  Smith  counties, 
was  the  bearer  of  a  communication  to  Chief  Bowles  from 
Mirabeau  B.  Lamar,  who  had  been  inaugurated  President, 
December  10,  1838.  That  communication  recited  that  in 
1836  the  Cherokees  had  assembled  on  the  San  Antonio  road, 
east  of  the  Neches  River, — when  the  people  of  Texas  were 
flying  to  escape  General  Santa  Anna's  invading  army, — for 
the  purpose  of  attacking  the  Texans  if  Santa  Anna  should  be 
successful;  that  the  Cherokees  had  massacred  a  number  of 
white  people,  and  had  stolen  the  horses  of  the  Texas  people. 
It  further  recited  that  in  the  previous  February  General  Ed 
ward  Burleson  had  captured  some  Mexicans  and  Cherokee 
Indians  on  the  upper  Colorado  on  their  way  from  Mexico  to 
Chief  Bowles,  carrying  to  him  a  commission  as  colonel  in  the 
Mexican  army,  with  instructions  for  his  cooperation  with 
a  Mexican  force  which  was  to  invade  Texas  the  coming 
spring,  and  also  taking  with  them  powder  and  lead  for 
Bowles.*  President  Lamar  said  in  his  message  that  Texas 
could  not  permit  such  an  enemy  to  live  in  the  heart  of  the  Re 
public,  and  that  the  Cherokees  must  go  to  the  north  of  the 
Red  River,  peaceably  if  they  would,  by  compulsion  if  they 
must.  It  was  also  stated  in  this  message  that  the  President 
had  appointed  six  men  with  authority  to  value  the  immovable 
property  of  the  Indians, — not  lands,  but  the  improvements, — 
and  to  pay  them  for  these  in  money ;  and  that  they  might  take 

*This  affair  is  generally  known  as  "Cordova's  Rebellion." 


30  MEMOIRS    BY    JOHN    H.    REAGAN 

all  their  movable  property  with  them  in  safety.  I  knew  some 
of  these  commissioners;  among  them  was  Judge  Noble,  a 
most  estimable  man,  then  of  Nacogdoches,  but  who  after 
wards  lived  in  the  city  of  Houston. 

It  is  proper  for  me  to  say  that  this  statement  as  to  the  con 
tents  of  the  communication  from  President  Lamar  to  Chief 
Bowles  has  been  criticised.  I  understand,  however,  that  my 
account  is  sustained  by  documents  in  the  archives  of  Texas. 
Be  this  as  it  may,  the  message  read  to  Bowles  was  in  sub 
stance  as  I  have  related.  The  Hon.  W.  G.  W.  Jowers  and  I 
accompanied  the  agent,  and  Dr.  Jowers  has  confirmed  my 
statement  of  this  case;  and  it  is  corroborated  by  those  fa 
miliar  with  the  times.  The  attitude  of  the  Cherokees  during 
the  Mexican  invasion  of  1836  was  common  and  current  in 
formation  with  those  dwelling  in  east  Texas.  The  stealing 
of  horses  from  the  whites  was  admitted  by  Bowles  at  the 
conference,  but  he  claimed  that  the  outrages  were  perpetrated 
by  wild  Indians  who  came  through  his  territory.  However, 
the  practice  of  the  Indians  had  been  made  clear  by  the  mas 
sacre  of  the  Killough  and  Williams  families  in  1837,  in  the 
Saline  settlement.  This  stirred  the  whole  Republic. 

But  as  to  the  interview  itself.  When  we  reached  the  resi 
dence  of  Bowles,  he  invited  the  agent,  the  interpreter,  Jowers, 
and  myself  to  a  fine  spring  near  his  house,  where  he  and 
others  seated  themselves  on  a  fallen  tree.  The  President's 
message  was  then  read  and  interpreted  by  one  Cordray,  a 
half-breed  Mexican.  In  the  conversation  which  followed, 
Bowles  stated  that  he  could  not  make  a  definite  answer  as  to 
abandoning  the  country  until  he  could  consult  his  chiefs  and 
head  men ;  so  it  was  agreed  that  he  might  have  time  for  such 
a  consultation.  If  I  remember  correctly,  about  ten  days  was 
the  limit  set. 

At  the  expiration  of  the  time,  Dr.  Jowers  and  I  again  ac 
companied  Mr.  Lacy  and  his  interpreter  to  the  residence  of 
Bowles.  In  the  conversation  which  ensued,  Bowles  stated 
that  his  young  men  were  for  war,  and  that  they  believed  that 


THE    CHEROKEE    CAMPAIGN  31 

they  could  whip  the  whites.  He  said  all  the  council  was  for 
war  except  himself  and  Big  Mush,  one  of  his  chiefs.  He  said 
he  knew  that  in  the  end  the  whites  would  whip  them,  but,  he 
added,  "It  will  cost  you  a  bloody  frontier  war  for  ten  years." 
He  also  said  that  while  he  did  not  concur  in  the  judgment  of 
his  tribe,  he  had  led  them  many  years  since  separating  from 
the  main  tribe  of  the  Cherokees,  first  in  Lost  Prairie,  Arkan 
sas,  and  afterwards  at  the  Three  Forks  of  the  Trinity,  the 
country  now  surrounding  the  city  of  Dallas.  He  said  he  had 
tried  to  hold  that  country  for  his  tribe,  but  that  other  Indians 
claimed  it  as  a  common  hunting  ground,  and  that  in  the 
course  of  three  years  they  had  killed  about  a  third  of  his  war 
riors  ;  that  then,  with  the  consent  of  Mexico,  he  had  settled 
near  the  Spanish  fort  at  Nacogdoches.  He  no  doubt  had  the 
consent  of  the  Mexican  authorities,  as  he  says,  to  settle  there ; 
but  he  did  not  thereby  acquire  the  sovereignty  of  the  soil; 
was  simply  a  settler  without  title.  He  also  declared  that  Gen 
eral  Houston  had  confirmed  their  right  to  that  country  by 
treaty. 

There  was  this  much  foundation  for  the  statement :  The 
General  Council  of  the  provisional  government  of  Texas  had 
empowered  General  Houston  and  Colonel  Forbes  to  treat 
with  the  Cherokees  in  order  to  keep  them  quiet  and  to  pre 
vent  their  cooperation  with  the  Mexican  army,  and  on  Feb 
ruary  22,  1836,  they  did  agree  to  a  treaty;  but  when  it  was 
laid  before  the  convention  which  assembled  March  i,  1836, 
for  the  purpose  of  framing  a  constitution  for  the  Republic  of 
Texas,  the  treaty  was  rejected.  So  that  the  Cherokees  were 
still  merely  tenants  at  the  will  of  the  sovereign  and  without 
title. 

During  this  conference  Chief  Bowles  told  Mr.  Lacy  that 
he  had  been  in  correspondence,  for  many  years,  with  John 
Ross,  chief  of  the  principal  tribe  of  the  Cherokees,  with  a 
view  to  uniting  the  two  tribes  and  going  to  California,  out  of 
reach  of  the  white  people,  and  offered  to  show  the  corre 
spondence.  But  Mr.  Lacy  waived  the  production  of  it. 


32  MEMOIRS    BY    JOHN    H.    REAGAN 

Bowles  asked  time  for  his  people  to  make  and  gather  their 
crops,  but  was  informed  by  Mr.  Lacy  that  he  had  no  au 
thority  to  act  outside  of  the  letter  of  the  President.  Bowles 
said  if  he  fought,  the  whites  would  kill  him ;  and  if  he  refused 
to  fight,  his  own  people  would  kill  him.  He  added  that  to 
him  personally  it  mattered  little,  that  he  was  eighty-three 
years  old,  and  by  the  laws  of  nature  could  live  but  little 
longer;  but  that  he  felt  a  great  interest  in  the  future  of  his 
wives  (he  had  three  of  them)  and  his  children.  His  tribe, 
he  said,  had  always  been  true  to  him,  and  though  he  differed 
with  them  in  opinion,  he  would  stand  by  them.  The  council 
ended  with  the  understanding  that  war  was  to  follow. 

These  conferences  produced  a  strong  impression  on  my 
mind,  for  two  reasons.  The  first  was,  that  neither  the  agent 
nor  the  chief  could  read  or  write,  except  that  Mr.  Lacy  could 
sign  his  name  mechanically ;  and  neither  could  speak  the  lan 
guage  of  the  other.  The  second  was  the  frankness  and  dig 
nity  with  which  the  negotiations  were  carried  on — neither 
tried  to  disguise  his  purpose  nor  to  mislead  the  other. 

The  two  armies  now  began  to  assemble.  General  Rusk's 
regiment  moved  up  within  about  six  miles  of  where  the 
Indians  were  in  camp  under  Chief  Bowles,  and  the  leaders 
soon  agreed  on  a  neutral  line,  which  was  not  to  be  crossed 
by  either  side;  and  neither  party  was  to  move  without 
giving  notice  to  the  other.  The  Texans  were  negotiating 
for  time  so  that  General  Edward  Burleson's  regiment  of 
regulars  and  Landrum's  regiment  of  Red-Landers  might 
come  up.  Bowles  was  seeking  delay  in  order  to  enable  the 
warriors  coming  from  other  tribes  to  reach  the  front.  After 
the  arrival  of  the  regiments  of  Burleson  and  Landrum,  the 
question  arose  as  to  who  was  to  command  the  whole.  The 
volunteers  wanted  Rusk  and  the  regulars  wanted  Burleson. 
These  two  officers  refused  to  antagonize  each  other,  and  by 
common  consent  it  was  agreed  that  Kelsey  H.  Douglass,  the 
commander  of  the  militia  of  that  part  of  the  Republic,  should 
assume  the  responsibility. 


THE    CHEROKEE    CAMPAIGN  33 

About  sunrise  on  the  morning  of  July  15,  John  Bowles,  a 
son  of  Chief  Bowles,  accompanied  by  Fox  Field,  a  prominent 
half-breed,  rode  into  our  camp  under  a  flag  of  truce,  and  noti 
fied  General  Albert  Sidney  Johnston,  the  Secretary  of  War 
of  the  Republic,  who  was  with  us,  that  he  was  instructed  by 
his  father  to  report  that  they,  the  Cherokees,  would  break 
camp  that  day  and  move  to  the  west  of  the  Neches  River. 
General  Johnston  thanked  him,  observing  that  Chief  Bowles 
had  acted  honorably  in  giving  notice  of  his  move,  and  re 
quested  him  to  say  to  his  father  that  the  Texans  would 
accordingly  give  pursuit.  Bowles  and  Field  were  then  es 
corted  half  a  mile  beyond  our  pickets. 

After  the  Texas  forces  had  crossed  the  Neches,  our  officers 
sent  forward  some  scouts  with  instructions  to  the  effect  that 
if  they  came  up  with  the  Indians  they  were  to  open  fire  at 
long  range,  without  exposing  themselves  too  much,  so  as  to 
keep  the  Texans  advised  of  the  position  of  the  enemy. 

The  Indians  occupied  the  bed  of  a  dry  creek  running  from 
the  north  to  the  south,  and  then  turning  to  the  east.  Just 
above  this  bend  there  was  a  prairie  bottom  nearly  half  a  mile 
long,  to  the  east  of  that  part  of  the  creek  running  south ;  and 
commencing  near  the  lower  end  of  the  prairie  and  extending 
north,  parallel  with  the  creek,  was  a  thick  growth  of  hack- 
berry  bushes  and  rattan  vines,  some  three  hundred  yards 
long.  When  the  firing  of  our  scouts  was  heard,  Burleson's 
regiment  crossed  the  creek  below  the  bend  where  it  ran  to  the 
east,  and  moved  forward  to  the  rear  of  the  line  of  the  In 
dians,  who  were  posted  in  the  creek  bed  above  the  bend. 
Rusk's  regiment,  to  which  I  belonged,  moved  forward  to  op 
posite  the  lower  end  of  the  prairie  just  mentioned,  and  there 
wheeled  to  the  right  and  in  front  of  the  line  of  the  enemy.  As 
the  Hon.  David  S.  Kaufman  and  I,  riding  side  by  side,  were 
making  this  turn,  an  Indian  rose  up  probably  eighty  yards 
off,  and  fired.  Kaufman  and  I  wheeled  to  the  left  and  chased 
him  until  he  jumped  into  the  creek.  We  were  then  at  the 
lower  end  of  the  hackberry  and  rattan  thicket.  Instead  of 


34  MEMOIRS    BY    JOHN    H.    REAGAN 

turning  back,  not  knowing  the  length  of  the  thicket,  we 
headed  our  horses  between  it  and  the  creek,  and  ran  the 
gantlet  of  the  fire  of  the  Indians  at  short  range  the  whole 
length  of  it;  but  neither  of  us  was  injured,  nor  were  our 
horses.  Just  as  we  were  turning  the  head  of  the  thicket,  Dr. 
Rogers  of  Nacogdoches  approached — he  belonged  to  Rusk's 
command — and  was  hit  by  three  shots  and  killed.  Others 
were  coming  on  at  the  same  time,  among  them  Colonel  Crane 
of  Montgomery  County,  who  stopped  his  horse  near  us.  I 
cried  out  to  him,  "Colonel,  don't  stop  here !"  At  that  mo 
ment  a  shot  passed  through  both  his  arms  and  his  body.  He 
said  to  me,  "Call  Robbins" ;  who,  I  believe,  was  his  brother- 
in-law.  Robbins  came  promptly,  and  Colonel  Crane  rode  by 
him  for  two  or  three  rods,  telling  him  what  messages  to  bear 
his  family,  and  then  fell  from  his  horse,  quite  dead. 

In  this  engagement  we  lost  but  six  men  killed  and  a  few 
wounded.  The  Indian  loss  was  much  greater,  and  they  re 
treated  ;  we  learned,  however,  that  but  a  part  of  their  warriors 
were  engaged.  We  camped  on  the  battlefield,  and  the  next 
day  again  encountered  the  enemy  in  full  force  near  the 
Neches. 

Chief  Bowles  displayed  great  courage  in  these  battles.  In 
the  second  engagement  he  remained  on  the  field  on  horse 
back,  wearing  a  military  hat,  silk  vest,  and  handsome  sword 
and  sash  which  had  been  presented  to  him  by  President 
Houston.  He  was  a  magnificent  picture  of  barbaric  man 
hood  and  was  very  conspicuous  during  the  whole  battle,  be 
ing  the  last  to  leave  the  field  when  the  Indians  retreated.  His 
horse,  however,  was  now  disabled,  and  he  dismounted,  after 
having  been  wounded  himself.  As  he  walked  away  he  was 
shot  in  the  back  and  fell.  Then,  as  he  sat  up  with  his  face 
toward  us,  I  started  to  him  with  a  view  to  secure  his  surren 
der.  At  the  same  time  my  captain,  Bob  Smith,  with  a  pistol 
in  his  hand,  ran  toward  him  from  farther  down  the  line.  We 
reached  him  at  the  same  instant,  and  realizing  what  was  im 
minent,  I  called,  "Captain,  don't  shoot  him."  But  he  fired, 
striking  Bowles  in  the  head,  and  killing  him  instantly. 


THE    CHEROKEE    CAMPAIGN  35 

I  had  been  so  impressed  with  the  manliness  and  dignity  of 
Chief  Bowles  in  the  consultations  which  preceded  the  war, 
and  with  his  conspicuous  bravery  in  battle,  that  I  did  not 
want  to  see  him  killed,  and  would  have  saved  his  life  if  I 
could. 

Soon  after  this  campaign,  I  met  a  Mr.  Bowles,  a  commis 
sion  merchant  of  Shreveport,  Louisiana,  who  told  me  he  be 
lieved  he  and  the  chief  were  of  the  same  family.  He  said  that 
during  the  American  Revolution  a  family  named  Bowles, 
living  in  Georgia,  was  massacred  excepting  one  child,  a  very 
small  boy,  who  was  taken  into  captivity.  While  Chief  Bowles 
was  somewhat  tanned  in  color,  he  did  not  seem  to  me  to  be 
an  Indian.  He  had  neither  the  hair  nor  the  eyes  of  an  Indian. 
His  eyes  were  gray,  his  hair  was  of  a  dirty  sandy  color;  and 
his  was  an  English  head ;  but  he  did  not  speak  the  English 
language.  At  the  time  of  his  death,  in  spite  of  his  great  age, 
he  seemed  strong  and  vigorous. 

In  this  connection  I  ought  to  say  that  in  this  battle  the 
Shawnees,  Delawares,  Kickapoos,  and  most  of  the  wild  tribes 
of  Indians  on  our  frontier  had  their  warriors  with  the  Chero- 
kees.  If  I  may  be  excused,  I  will  mention  an  incident  per 
sonal  to  myself  which  occurred  during  the  second  encounter. 
Our  line  of  battle  was  formed  on  the  crest  of  a  ridge;  and 
there  was  a  gradual  descent  from  this  to  the  long  ravine  oc 
cupied  by  the  Indians.  The  Delaware  village  was  on  fire  in 
our  rear,  black  columns  of  smoke  rolling  over  our  line,  and 
the  skirmishers  of  the  two  armies  were  engaged  between  the 
lines.  The  scene  was  a  grand  one.  We  were  ordered  to  tell 
off  by  sixes,  every  sixth  man  to  hold  the  horses.  It  fell  to 
my  lot  to  be  the  sixth.  However,  I  tied  my  horse  to  a  bush 
and  told  the  others  of  our  squad  that  they  would  have  to  do 
likewise.  Captain  Smith  was  passing  in  front  of  us  and  the 
men  reported  me  as  refusing  to  hold  their  horses.  The  cap 
tain  thereupon  ordered  me  to  the  front  and  asked  if  it  was 
true  that  I  refused  to  hold  the  horses. 

"I  do,  Captain,"  I  answered  him. 


36  MEMOIRS    BY    JOHN    H.    REAGAN 

"Sir,  I  will  have  you  court-martialed,"  he  said. 

To  this  I  rejoined,  "Captain,  that  will  be  after  the  battle  is 
over." 

I  heard  no  more  of  the  court-martial.  On  the  other  hand, 
the  morning  after  the  second  battle,  General  Albert  Sidney 
Johnston,  who  was  then  Secretary  of  War  of  the  Republic, 
sent  for  me  to  go  to  headquarters,  and  when  I  had  reached 
there  advised  me  that  the  Acting  President  had  directed  him 
to  offer  me  a  commission  as  second  lieutenant  in  the  regular 
army  of  the  Republic.  Judge  David  G.  Burnet  was  the  Vice- 
President  and  Acting  President,  because  of  President  La- 
mar's  absence  from  the  Republic,  for  the  recovery  of  his 
health,  under  authority  of  a  resolution  of  Congress.  I  went 
to  General  Nat  Smith,  in  whose  command  in  Tennessee  I  was 
a  volunteer  in  the  Florida  war  in  1836.  He  said  the  regular 
army  of  Texas  consisted  of  but  a  single  regiment;  that  the 
pay  was  poor  (being  at  that  time  in  depreciated  "redbacks") ; 
that  unless  there  should  be  a  good  many  casualties  I  might  be 
near  middle  age  before  reaching  a  captaincy;  that  there  was 
a  fine  field  for  enterprise  for  a  young  man  in  Texas,  and  that 
he  would  not  think  such  a  position  desirable.  So  I  declined 
the  appointment. 


CHAPTER  III 
SURVEYING  EXPEDITIONS 

About  the  close  of  the  Cherokee  campaign  I  was  stricken 
down  with  fever  and  had  a  relapse  or  two,  followed  by  many 
months  of  fever  and  ague.  My  friend,  Major  Burton,  had  to 
be  away  from  home  attending  the  first  session  of  Congress 
at  Austin,  the  newly  selected  capital.  His  family  being  some 
what  exposed  on  the  frontier,  he  got  me  to  remain  with  them 
during  his  absence.  This  time  I  improved  by  studying  sur 
veying,  having  already  a  good  knowledge  of  arithmetic,  and 
some  knowledge  of  algebra  and  geometry  and  trigonometry. 
In  November  of  that  year  I  did  some  surveying  in  what  is 
now  Angelina  County,  and  was  appointed  deputy  surveyor 
for  that  part  of  the  Nacogdoches  land  district  which  is  now 
Henderson,  Kaufman,  Van  Zandt,  Rockwall,  Rains,  Wood, 
the  west  half  of  Upshur,  the  north  half  of  Dallas,  and  the 
south  part  of  Hunt  counties.  I  surveyed  a  great  deal  in  what 
are  now  the  counties  of  Henderson,  Kaufman  and  Van 
Zandt ;  and  during  the  year  1840  I  was  appointed  deputy  sur 
veyor  for  that  part  of  the  Houston  land  district  which  is  now 
the  county  of  Anderson,  and  part  of  the  county  of  Hender 
son.  To  show  the  conditions  under  which  my  work  was 
done,  I  may  say  that,  while  surveying  in  what  is  now  An 
gelina  County,  I  was  having  a  shaking  ague  every  day.  When 
the  chill  came  on,  I  would  stop  and  lie  on  the  ground  until 
the  fever  rose,  and  then  I  would  proceed  with  my  work.  In 
this  condition  I  made  surveys  of  a  good  many  tracts  of  land. 

After  finishing  that  work,  with  the  assistance  of  W.  Y. 
Lacy,  in  December,  1839,  I  organized  a  company  of  twenty- 
eight  men  for  a  surveying  expedition  in  the  district  to  which 


38  MEMOIRS   BY   JOHN    H.    REAGAN 

I  had  been  appointed  on  the  upper  Sabine  and  Trinity  rivers, 
far  out  from  the  white  settlements,  and  in  the  hunting  ground 
of  hostile  Indians.  In  the  northern  part  of  what  is  now 
Smith  County  we  found  ourselves  near  a  band  of  them.  They 
moved  off  to  the  west  and  we  followed  that  evening,  close 
after  them.  We  camped  at  night  and  took  their  trail  the 
next  day.  About  noon  we  came  to  a  place  where  they  had 
stopped  to  roast  some  meat  and  acorns,  which  were  still  hot 
when  we  arrived.  The  pursuit  continued  until  we  came  to 
where  they  had  made  a  stand  at  the  creek  near  the  Grand  Sa 
line.  A  few  shots  were  exchanged;  one  of  my  men  was 
slightly  wounded;  one  of  the  Indians  was  killed  and  two 
others  wounded,  but  these  made  their  escape  in  a  canebrake 
during  a  heavy  shower  of  rain.  Some  two  or  three  hundred 
yards  farther  on  we  saw  some  horses  with  packs  on  them, 
and  supposed  the  main  stand  of  the  Indians  was  to  be  made 
there ;  but  on  reaching  the  spot  we  found  that  they  had  dis 
appeared  in  the  cane,  and  we  took  possession  of  eight  of  their 
horses  and  packs.  The  rain  continuing,  we  went  into  camp. 
It  rained  all  the  evening  and  all  night  and  all  the  forenoon 
of  the  next  day.  The  ground  became  so  boggy  that  we  got 
our  horses  onto  the  stiff,  black  soil  of  the  creek  bottom,  which 
was  then  overflowed  from  hill  to  hill.  As  the  creek  came 
from  the  west,  the  direction  we  ought  to  go,  I  told  my  com 
pany  we  could  march  up  the  creek  as  we  should  be  in  the 
water  anyway,  and  this  we  did  during  the  balance  of  the 
afternoon.  I  had  a  German  doctor  along,  and,  a  bend  in  the 
creek  bringing  the  channel  very  close  to  our  line  of  march, 
though  all  was  a  sea  of  water,  in  a  spirit  of  levity  I  hallooed 
to  him  to  turn  to  the  left  and  take  up  the  opening  which  was 
caused  by  the  creek.  I  supposed  he  would  know  it  was  the 
channel.  When  he  turned  toward  it  I  called  to  my  men  to 
stop  him ;  but  he  and  his  horse  went  out  of  sight  under  the 
water  for  a  moment  and  he  came  up  on  the  opposite  side  of 
the  creek.  It  was  nearing  night  and  fortunately  a  rocky 
point  of  dry  land  jutted  in  toward  the  creek  a  little  ahead  of 


SURVEYING   EXPEDITIONS  39 

us.  The  doctor  reached  that ;  and  with  some  difficulty,  by 
cutting  down  some  trees,  we  got  across  to  him.  He  was  in  a 
bad  humor,  and  said  I  had  attempted  to  drown  him.  I  tried 
to  explain  to  him  that  I  spoke  as  a  matter  of  fun,  and  made 
the  best  apology  I  could.  But  he  said  he  was  going  back,  that 
he  would  go  no  farther  with  me.  The  brush  with  the  In 
dians,  the  prolonged  rain,  and  wading  all  the  evening  in  the 
water  had  discouraged  most  of  the  men,  and  it  soon  appeared 
that  they  were  tired  and  wanted  to  return.  I  said  to  them 
that  we  were  more  than  half  way  to  where  we  were  to  com 
mence  work,  and  that  I  should  regret  much  to  give  up  the  trip 
without  accomplishing  anything.  I  then  proposed  that  those 
who  were  willing  to  go  with  me  should  step  out.  Four  or 
five  responded.  I  observed  that  we  were  enough  for  the 
work,  and  that  by  going  on  foot  and  doing  the  most  of  our 
traveling  in  the  night  we  should  be  less  subject  to  attack  then 
with  the  company  and  horses  we  had.  I  instructed  those  not 
going  with  me  to  keep  out  pickets  by  night  and  videttes  by 
day,  to  take  the  captured  property  with  them  and  return. 

Those  of  us  who  went  on  took  a  blanket  apiece,  some 
"cole"  flour*,  meat  and  coffee,  two  or  three  tin  cups,  the  com 
pass,  chain,  field  book  and  hatchet,  and  left  the  others  about 
sundown  for  the  west.  In  a  few  days  we  reached  what  is  now 
known  as  the  upper  waters  of  Cedar  Creek,  supposing  it  to 
be  the  East  Fork  of  the  Trinity,  and  my  field  notes  and  the 
patents  of  the  land  I  then  surveyed  so  call  it.  When  we  dis 
covered  indications  of  the  near  presence  of  Indians  we  would 
change  the  field  of  our  work ;  finally,  however,  for  want  of 
provisions  we  had  to  abandon  it  altogether,  and  in  making  a 
sort  of  exploring  expedition  to  the  southwest,  after  traveling 


*"Cole"  flour  was  made  in  this  way :  common  ashes  were  sifted  into  a 
pot  or  kettle  and  heated  until  the  ashes  boiled  like  plaster  of  paris; 
shelled  corn  was  poured  into  the  boiling  ashes,  and  stirred  until  the 
grain  could  be  broken  between  the  fingers.  It  was  then  poured  out  into 
a  sheet  and  sifted  to  separate  the  ashes  from  the  corn.  The  corn  was 
then  ground  (we  used  steel  mills)  into  meal,  and  it  was  ready  for  use. 
It  was  eaten  dry  or  stirred  in  water  or  made  into  mush,  and  its  use  was 
very  common  in  the  early  days  of  Texas. 


40 


MEMOIRS    BY    JOHN    H.    REAGAN 


a  part  of  the  night,  we  found  the  next  morning  that  we  were 
in  the  midst  of  the  camping  ground  of  the  Indians.  We  lay 
concealed  in  the  bed  of  a  dry  creek  all  day  and  at  night  made 
our  way  out.  We  reached  the  settlements  very  nearly  starved. 
I  had  an  attack  of  the  ague  and  fever  every  day  during  this 
trip. 

I  did  a  great  deal  of  surveying  in  that  county  during  the 
spring  and  summer  of  1840.  On  my  return  to  Nacogdoches, 
where  my  field  notes  were  to  be  returned  to  the  office  of  the 
county  surveyor,  I  was  stricken  down  with  fever  and  lay 
about  eight  weeks  in  bed,  part  of  the  time  unconscious.  I 
had  made  out  my  field  notes,  leaving  blanks  for  the  descrip 
tion  of  the  certificates  to  which  they  were  to  be  applied,  and 
when  I  was  taken  ill,  left  them  in  charge  of  Murray  Orton, 
the  collector  of  customs  at  Nacogdoches,  with  directions  to 
keep  them  until  I  got  well  or  died.  If  I  had  been  well  enough 
to  use  them,  I  could  have  secured  land  sufficient  to  have  been 
of  very  great  value  to  me  in  the  future ;  but  he  surrendered 
them  to  a  man  he  supposed  to  be  one  of  my  best  friends,  and 
when  I  became  convalescent  I  found  this  man  had  appropri 
ated  them,  having  returned  them  to  the  county  surveyor's 
office.  The  upshot  of  it  was  that  I  was  in  debt  for  my  hotel 
bill  and  for  my  doctor's  bill,  and  to  the  extent  of  sixteen  or 
eighteen  hundred  dollars  to  those  who  had  been  with  me, 
and  I  had  nothing. 

As  soon  as  I  was  able  to  ride,  I  gave  my  notes  for  my  hotel 
and  doctor's  bills,  and  went  to  see  the  men  to  whom  I  was 
indebted.  I  told  them  what  had  occurred,  and  said  to  them 
Lhat  if  they  would  go  with  me  I  thought  I  could  make  enough 
to  pay  them.  To  John  H.  Irby,  my  largest  creditor,  I  owed 
four  or  five  hundred  dollars.  He  said  that  he  knew  all  about 
the  matter  and  did  not  blame  me,  and  that  they  would  go 
with  me  again,  but  that  it  was  useless  for  me  to  suppose  that 
I  could  pay  all  my  indebtedness. 

I  left  Nacogdoches  early  in  October  of  1840  for  my  field 
of  operations,  and  did  not  return  to  the  settlement  until  late 


SURVEYING   EXPEDITIONS  41 

in  the  following  April,  during  which  time  the  only  house  I 
saw  was  what  was  called  King's  Fort,  which  was  held  by 
four  or  five  men ;  that  was  where  the  town  of  Kaufman  now 
is.  During  the  winter  the  provisions  and  the  clothes  of  the 
men  gave  out.  It  was  decided  that  they  should  return  to  the 
settlement  to  secure  these  necessaries,  while  I  was  to  remain 
during  their  absence  at  King's  Fort. 

We  separated  near  where  the  town  of  Wills  Point  is  now, 
the  men  going  south  and  I  alone  to  the  southwest.  We  knew 
that  there  were  hostile  Indians  in  the  country,  and  I  had 
some  thirty  or  forty  miles  to  go  alone.  We  parted  a  little 
after  the  hour  of  noon,  each  to  go  his  way.  It  was  the  first 
time  I  ever  had  a  full  realization  of  what  solitude  is — I  can 
not  describe  it  as  I  felt  it.  I  had  to  go  some  distance  in  a 
prairie,  then  some  eight  miles  through  timber,  and  lastly 
through  another  stretch  of  prairie  to  the  fort.  I  aimed  to 
get  through  the  timber  while  it  was  still  dark  and  to  keep 
down  the  edge  of  it  to  the  trail  which  led  to  the  fort,  hoping 
in  that  way  to  escape  the  Indians  and  to  reach  the  fort  by 
morning.  It  rained  all  the  latter  part  of  the  afternoon, 
and  in  the  timber  during  the  night,  my  horse  bogging 
a  great  deal,  I  dismounted  and  led  him.  It  was  very  dark, 
and  after  groping  for  some  time  I  found  myself  where  I  had 
been  at  an  earlier  hour.  There  was  no  moon  nor  stars  and 
nothing  by  which  to  keep  my  course,  so  I  stopped.  My  gun 
and  one  pistol  were  wet.  I  fired  my  dry  pistol  into  the  under 
side  of  a  leaning  decayed  black-jack,  which  set  it  on  fire.  I 
tied  my  horse,  spread  a  blanket  over  the  limb  of  a  tree  for 
shelter,  made  a  fire,  wrapped  the  two  blankets,  wet  as  they 
were,  around  me,  and  with  my  saddle  for  a  pillow  lay  down 
in  my  wet  clothes  and  went  to  sleep.  When  I  awoke  before 
day,  one  of  the  fiercest  northers  I  ever  felt  was  blowing.  My 
body  was  warm  enough,  but  my  head  and  feet  were  cold.  I 
found  everything  was  freezing  and  debated  with  myself 
whether  I  should  lie  still  and  risk  the  blankets'  freezing  so 
as  to  imprison  me,  or  break  out  of  them  and  risk  freezing 


42  MEMOIRS    BY    JOHN    H.    REAGAN 

myself.  I  took  the  latter  chance.  I  looked  for  wood  to  make 
a  better  fire,  but  could  not  find  it.  I  threw  the  blankets  over 
me  and  stood  over  the  little  fire  I  had,  making  such  efforts 
as  I  could  to  keep  warm.  By  daylight  it  had  cleared  off  and 
the  ground  was  covered  with  the  spewed  up  ice.  I  managed 
to  saddle  my  horse,  and  made  my  way  to  the  westward.  I 
came  to  the  Kaufman  prairie,  at  what  was  afterwards  known 
as  Beck's  Mound.  From  there  I  could  see  King's  Fort  ten  or 
twelve  miles  to  the  southwest,  and  I  headed  for  it.  I  became 
after  a  time  so  cold  that  I  dismounted  to  walk  for  exercise. 
I  soon  found  that  my  feet  were  being  cut  by  the  ice  and  were 
bleeding,  my  moccasins  and  socks  not  protecting  them  very 
well.  I  remounted,  and  tried  by  swinging  my  arms  and  hal 
looing  to  keep  up  the  circulation  to  prevent  freezing.  I  struck 
the  trail  leading  to  the  fort  at  Cottonwood  Creek,  about  four 
miles  away.  By  this  time,  however,  I  could  no  longer  exer 
cise  or  guide  my  horse.  He  took  the  trail  himself  and  carried 
me  to  the  fort,  stopping  at  the  gate.  I  could  not  speak  or  act, 
though  still  conscious.  I  knew  where  I  was.  Mr.  John  Ford, 
happening  to  come  to  the  gate,  saw  me,  took  in  the  situation, 
called  others  and  I  was  carried  inside.  The  men  started  to 
take  me  to  a  block-house  where  they  had  a  fire ;  but  my  old 
friend  Charles  Gilmore  told  them  that  would  not  do.  So  they 
took  me  to  a  block-house  where  there  was  no  fire.  Mr.  Gil- 
more  had,  for  some  purpose,  made  a  large  cedar  tub,  which 
they  filled  with  water  from  the  spring  and  put  me  in  it, 
clothes  and  all.  After  a  while  I  was  thawed  enough  to  speak, 
when  they  put  me  to  bed  before  a  fire.  If  I  had  not  been 
thawed  out  as  I  was,  I  certainly  would  have  lost  my  life.  The 
skin  on  my  face,  neck,  arms,  and  legs  came  to  look  as  though 
it  had  been  scalded.  There  were  no  medicines  in  camp,  though 
the  men  had  some  bear's  oil  with  which  they  greased  the  parts 
that  were  burst,  and  I  had  for  a  good  many  days  a  burning 
fever.  So  I  know  what  it  is  to  be  almost  frozen  to  death ;  I 
had  passed  the  state  of  pain  some  time  before  reaching  the 
fort. 


SURVEYING   EXPEDITIONS  43 

After  finishing  my  work  in  the  spring  I  returned  to  the  set 
tlement  in  the  latter  part  of  April.  The  first  house  we  came 
to  was  that  of  Mason  Avant,  some  four  miles  north  of  Fort 
Houston,  where  I  now  live.  On  approaching  the  house  we 
heard  the  crowing  of  chickens.  I  thought  it  wonderfully 
strange  that  I  had  never  appreciated  the  music  in  the  crowing 
of  a  chicken  before.  And  when  we  got  to  the  house  Mrs. 
Avant  came  out  and  met  us.  I  had  not  seen  a  woman  for 
about  six  months  and  I  said  to  her  that  she  was  the  prettiest 
one  I  had  ever  seen. 

Without  giving  details,  within  a  year  I  had  paid  all  my 
debts,  and  had  more  demands  for  my  service  as  surveyor 
than  I  could  meet.  In  my  first  surveying  expedition  in  the 
upper  Trinity  country,  we  found  little  or  no  game.  This  had 
been  the  hunting  ground  of  the  Indians,  and  the  animals  of 
every  description  had  been  killed  or  driven  out.  Later,  when 
that  country  became  neutral  ground  between  the  Indians  and 
the  whites,  game  became  abundant.  I  have  seen  at  a  single 
view  wild  horses,  buffalo,  deer  and  antelope.  Wild  turkeys 
were  plentiful.  We  then  had  no  trouble  in  killing  all  the 
game  we  needed.  And  before  that  country  was  settled 
up,  and  trampled  over  and  grazed  on  by  domestic  animals,  it 
produced  in  wonderful  abundance  and  in  great  variety  the 
most  beautiful  flowers.  I  have  seen  mile  after  mile  a  wilder 
ness  of  color. 


CHAPTER  IV 
INDIAN  AND  INTERNAL  TROUBLES 

In  1841  I  served  as  a  private  in  Colonel  Jim  Smith's  regi 
ment,  which  aided  in  driving  the  hostile  Indians  from  the 
Cross  Timbers.  We  crossed  the  Trinity  River  where  the  city 
of  Dallas  now  is,  two  years  before  any  white  people  lived 
there.  The  Indians  were  on  Village  Creek,  about  ten  miles 
east  of  where  Fort  Worth  now  stands.  This  time,  however, 
there  was  no  fighting. 

In  1842,  while  I  was  absent  from  home,  I  was  elected  cap 
tain  of  a  company  of  militia,  and  was  also  elected  a  justice  of 
the  peace  for  the  precinct  in  which  I  lived.  And  in  that  year 
I  was  married  to  a  widow,  Mrs.  Martha  Music,  a  noble- 
hearted  woman,  who  survived  our  marriage  only  about  two 
years.  In  1843  tne  war  of  the  factions,  known  as  Regulators 
and  Moderators,  in  Shelby  County  became  so  serious  that 
President  Houston  ordered  out  the  militia  of  some  of  the 
neighboring  counties  to  suppress  it.  I  was  elected  to  the  com 
mand  of  the  company  from  Nacogdoches  County,  which  was 
assembled  for  this  purpose,  but  by  the  time  we  reached  the 
border  of  Shelby  County  the  President  had  succeeded  in  se 
curing  a  suspension  of  hostilities,  and  we  were  ordered  to 
return  to  our  homes. 

On  account  of  the  active  and  aggressive  hostility  of  Mex 
ico,  and  of  the  invasion  of  Texas  in  1842,  a  strong  feeling 
grew  up  in  favor  of  retaliatory  measures,  and  the  Congress 
of  Texas  passed  a  law  providing  for  an  offensive  war  against 
the  Mexicans.  Among  the  raids  of  that  year  on  Texas  was 
that  of  the  Mexican  General  Woll.  He  captured  San  An 
tonio,  made  prisoners  of  the  judge, — the  district  court  then 


INDIAN    AND    INTERNAL    TROUBLES  45 

being  in  session, — the  officers  of  the  court,  and  the  members 
of  the  bar,  sacked  the  city  and  carried  away  the  court 
archives. 

President  Houston  vetoed  the  bill  providing  for  the  inva 
sion  of  Mexico,  because  of  its  impracticability.  He  told  me 
that  General  Andrew  Jackson  wrote  him  a  most  gratifying 
letter  on  account  of  his  veto  message,  emphasizing  approval 
of  that  part  of  it  which  assigned  as  one  of  the  reasons  for  the 
veto,  the  fact  that  the  bill  provided  that  he  (Houston)  should 
command  the  forces  in  person,  which  he  declared  in  his  mes 
sage  would  be  a  dangerous  precedent. 

General  Memucan  Hunt  was  then  Adjutant-General  of  the 
Republic.  He  favored  the  invasion  of  Mexico  and  wrote  to 
General  William  O.  Butler  of  Kentucky  to  come  and  join  him 
in  the  movement.  General  Butler  came,  whereupon  General 
Hunt  issued  his  order  requiring  the  captains  of  all  the  militia 
companies  of  the  Republic  to  report  through  the  proper  chan 
nels  the  number  of  men  capable  of  bearing  arms  in  their  re 
spective  companies,  with  tabulated  statements  of  the  number 
and  description  of  arms  and  military  supplies.  And  he  and 
General  Butler  made  a  partial  canvass  of  the  Republic  on 
horseback  in  behalf  of  the  proposed  enterprise.  An  order  was 
issued  for  a  two  days'  drill  of  the  officers  of  the  Nacogdoches 
regiment,  on  the  2d  and  3d  of  July,  preparatory  to  a  brigade 
review  on  the  4th. 

On  the  assembling  of  the  officers  of  the  regiment  at  Nacog 
doches  on  the  2cl  of  July,  our  colonel,  Jack  Todd,  a  great  In 
dian  fighter,  did  not  attempt  to  drill  the  company.  About  the 
only  word  of  command  he  knew  was  "charge."  Lieut.-Col. 
Wade,  a  San  Jacinto  soldier,  knew  something  of  the  drill, 
and  gave  the  company  some  instructions;  but  Major  Henry 
Connor  would  not  attempt  it.  Wade  then  invited  the  captains, 
all  of  them  T  believe,  except  myself,  and  also  some  of  the 
lieutenants  to  drill  the  company;  some  of  them  made  poor 
attempts  at  it,  but  most  of  them  declined.  Colonel  Wade  was 
about  to  resume  the  command  when  I  stepped  forward.  He 


46  MEMOIRS    BY   JOHN    H.    REAGAN 

excused  himself  for  not  calling  on  me  by  saying  that  I  was  in 
the  rear  rank  and  that  he  had  not  seen  me.  I  had  no  doubt 
that  he  had  a  better  reason,  for  I  was  dressed  in  a  buckskin 
hunting  shirt,  with  foxed  breeches  and  a  dilapidated  hat,  and 
wore  moccasins.  In  assuming  command  I  first  carried  the 
company  through  the  manual  of  arms, — no  other  had  at 
tempted  that, — and  the  men  requested  me  to  repeat  it, 
which  I  did.  I  then  instructed  them  as  to  facing,  so  that  how' 
ever  often  they  might  have  to  change  face,  the  left  heel  would 
remain  in  the  same  place ;  and  also  in  the  lock  step  in  march 
ing,  and  told  them  off  in  platoons  and  sections,  and  for  some 
time  carried  them  through  most  of  the  company  evolutions 
described  in  Scott's  Tactics,  with  which  I  was  familiar.  I 
need  hardly  add  that  I  was  at  once  looked  upon  with  suspi 
cion  by  the  men,  who  supposed  me  to  be  in  disguise,  and  who 
inquired  whether  I  had  come  to  Texas  to  build  churches. 

Perhaps  I  ought  to  explain  that  my  knowledge  of  military 
affairs  was  gained  very  early.  In  my  youth  the  militia  of 
Tennessee  was  well  organized  and  the  most  respectable  citi 
zens  were  officers ;  the  regimental  and  battalion  muster  days 
were  the  occasions  for  patriotic  displays ;  and  the  boys,  too 
young  to  muster,  followed  the  drum  and  fife  with  delight. 
Afterward,  when  I  was  in  my  teens,  I  became  a  member  of  a 
volunteer  company,  which  was  often  drilled.  In  1836  I  vol 
unteered  in  General  Nat  Smith's  regiment  for  the  Florida 
war.  A  great  uncle  of  mine,  who  had  been  in  the  war  of 
1812,  was  made  orderly-sergeant  of  my  company.  He  was 
poorly  qualified  for  his  duties,  and  got  me  to  make  up  his 
muster  rolls,  reports  and  requisitions,  which  familiarized  me 
with  those  duties. 

On  the  occasion  of  this  reunion  I  had  made  the  tabulated 
report  required  by  the  order  of  the  adjutant-general,  and  the 
officers  were  pleased  with  it.  Colonel  Bob  Smith,  who  had 
been  my  captain  in  the  Cherokee  campaign,  was  the  colonel 
of  the  regiment.  At  the  brigade  review  on  the  4th  of  July 
he  requested  me  to  act  as  adjutant  of  the  regiment.  I  de- 


INDIAN    AND    INTERNAL   TROUBLES  47 

clined  on  the  ground  that  I  could  not  appear  on  horseback  in 
my  unmilitary  clothes.  He  said  he  had  anticipated  that  and 
had  got  the  best  uniform  in  the  town  for  me.  I  again  declined 
on  the  ground  that  I  did  not  wish  to  appear  in  borrowed 
plumage.  He  then  requested  me  to  take  command  of  the 
company  on  the  right,  which  I  consented  to  do. 
'  The  plan  of  invading  Mexico  failed.  In  the  summer  of 
1843  I  received  a  letter  from  General  Houston,  the  President 
of  the  Republic, — I  had  been  acquainted  with  his  family  in 
Blount  County,  Tennessee, — requesting  me  to  join  him  and 
his  commissioners  at  Crockett,  on  the  4th  of  July,  and  pilot 
them  to  Grapevine  Spring,  some  twenty-five  or  thirty  miles 
northwest  of  where  the  town  of  Dallas  now  is,  where, 
through  his  agents,  he  had  arranged  to  make  treaties  of  peace 
with  the  several  tribes  of  wild  Indians  then  living  on  the 
frontier  of  the  Republic.  I  met  them  as  requested,  this  invi 
tation  coming  from  the  fact  that  as  campaigner  and  surveyor 
I  had  become  acquainted  with  that  country.  Fort  Houston 
was  then  the  outside  settlement  of  whites  in  that  direction. 

On  our  way  the  question  came  up  about  his  having  been 
challenged  to  a  duel  by  several  of  the  prominent  men  of  the 
Republic.  I  mentioned  that  I  had  not  understood  how  he 
avoided  meetings  with  them,  as  they  were  all  men  of  high 
character.  He  replied  that,  if  I  had  noticed,  he  never  de 
clined  to  meet  any  of  them  because  of  lack  of  character;  that 
he  sometimes  treated  their  messages  with  levity,  and  in  one 
way  or  another  avoided  a  meeting.  He  said  it  was  not  neces 
sary  for  him  to  engage  in  a  duel  to  establish  his  character  for 
courage, — that  had  been  tested  on  the  field  of  honor,  and  in 
battle,  of  which  he  bore  the  scars.  He  had  had  an  affair  of 
honor  with  General  White  of  Nashville,  Tennessee,  and  had 
been  severely  wounded  at  the  battle  of  the  Horseshoe  and  in 
the  battle  of  San  Jacinto.  He  added  that  a  stronger  reason 
why  he  ought  not  to  have  accepted  these  challenges  was  that 
the  civilized  world  condemned  the  code,  that  Texas  had  a  bad 
character  for  lawlessness,  and  that  if  he,  being  President,  had 


48  MEMOIRS    BY    JOHN    H.    REAGAN 

engaged  in  a  duel  it  would  have  reflected  more  or  less  dis 
credit  on  the  Republic. 

On  another  occasion  I  said  to  him  that  I  had  recently  read 
a  lengthy  newspaper  article  purporting  to  give  the  cause  of 
the  separation  between  himself  and  his  Tennessee  wife,  and 
asked  if  he  had  seen  it.  He  said  he  had,  and  that  he  had  seen 
others  of  similar  character;  but  he  added  that  they  did  not 
know  what  they  were  writing  about — that  no  one  knew  or 
ever  would  know  from  him  the  cause  of  their  separation. 
Only  twice  did  I  ever  hear  him  allude  to  his  wife  and  on  both 
occasions  he  spoke  of  her  with  the  greatest  respect.  While 
on  this  subject  I  should  say  that  I  spent  several  weeks  in  the 
summer  of  1883  at  the  Red  Boiling  Spring  in  Tennessee,  and 
while  there  met  with  three  old  gentlemen,  who  were  well  ac 
quainted  with  General  Houston  when  he  was  Governor  of 
that  State  and  when  he  and  his  wife  separated,  and  who  had 
known  his  wife  before  and  after  their  marriage.  She  subse 
quently  married  again.  They  spoke  of  her  as  a  woman  of 
good  family  and  of  the  highest  character,  and  told  me  that 
she  had  observed  the  same  reticence  as  General  Houston  had 
as  to  the  cause  of  their  separation,  and  that  she  never  spoke 
of  him  but  in  terms  of  the  highest  respect. 

General  Houston  sometimes  took  too  much  liquor.  After 
his  marriage  to  Miss  Lee  in  1840  it  was  understood  that  her 
influence  had  caused  him  to  abandon  its  use. 

There  were  a  great  many  Indians  at  the  treaty-ground. 
The  different  bands  had  different  dialects,  but  seemed  to  com 
municate  with  each  other  mostly  by  signs,  which  seemed  to 
be  common  to  all  of  them. 

General  Houston  wore  a  suit  of  purple  velvet  embossed 
with  figures  representing  a  fox's  head,  and  took  along  with 
him  a  bowie-knife  of  great  size,  which  he  purposed  to  wear 
when  he  met  the  Indians.  In  answer  to  my  inquiry  as  to  the 
reason  for  the  figured  suit,  he  observed  that  it  would  awe  the 
Indians  as  a  sort  of  mystery,  and  that  the  big  bowie-knife 
would  impress  them  with  the  idea  that  he  was  a  great  war 
rior.  He  understood  the  Indian's  character. 


INDIAN    AND    INTERNAL   TROUBLES  49 

General  Houston  was  one  of  Nature's  great  men — great 
in  intellect,  great  in  action,  great  in  his  wonderful  experi 
ences.  A  stranger  would  have  taken  him  in  any  company  for 
a  ruler  of  men. 

For  six  years  after  my  arrival  in  the  Republic  of  Texas  we 
had  almost  every  spring  and  fall  to  meet  an  invasion  from 
Mexico.  There  were  at  that  time  many  remnants  of  the 
larger  tribes  of  Indians  on  the  frontier,  including  the  Chero- 
kees,  Kickapoos,  Shawnees  and  Delawares  in  eastern  Texas, 
besides  the  great  tribes  of  Comanches  and  Kiowas  on  our 
northwestern  borders,  and  small  bands  of  other  tribes  along 
the  frontier.  Most  of  them  were  hostile,  and  when  not  openly 
so,  they  were  frequently  stealing  horses  and  killing  people  on 
the  frontiers.  These  things  kept  the  people  of  Texas  in  an 
almost  continuous  state  of  war  up  to  the  time  of  annexation 
to  the  United  States.  This  greatly  interfered  with  agriculture 
and  the  development  of  the  industries  of  the  country.  The 
population  of  Texas  was  probably  less  than  150,000;  and 
nearly  all  were  poor,  and  there  was  not  property  enough  to 
yield  by  taxation  revenue  sufficient  to  support  the  govern 
ment  and  to  provide  for  the  public  defense.  To  meet  this 
difficulty  resort  was  had  to  the  issue  of  what  were  called  "red- 
back"  notes.  These  finally  became  depreciated  until  the  dollar 
was  not  worth  more  than  twelve  or  fifteen  cents,  and  would 
no  longer  support  the  government  or  provide  a  currency  for 
commercial  use. 

When  General  Houston,  in  1841,  entered  on  his  second 
term  as  President  of  the  Republic,  he  said,  in  his  message  to 
Congress :  "There  is  not  a  dollar  in  the  treasury.  The  nation 
is  involved  in  ten  or  fifteen  millions ;  we  are  not  only  without 
money,  but  without  credit."  Provision  was  made  to  fund 
the  redback  notes  into  interest-bearing  bonds,  and  for  a  new 
issue  of  $350,000  in  what  were  called  exchequer  notes,  in  the 
hope  that  this  small  sum  might  be  kept  at  par  with  coin.  From 
1840  to  the  time  of  annexation  I  think  it  safe  to  assume  that 
there  was  less  real  money  in  use  in  Texas  than  has  been 


50  MEMOIRS    BY   JOHN    H.    REAGAN 

known  in  any  other  civilized  country  in  modern  times.  Pov 
erty,  hard  living,  with  shabby  clothes,  and  the  constant  worry 
of  protecting  the  country  against  Mexicans  and  Indians  was 
our  lot  until  delivered  by  annexation.  There  was  but  little 
opposition  to  this  in  the  Republic.  While  living  in  what  is 
now  Kaufman  County  I  received  a  note  from  the  Hon.  Wm. 

B.  Ochiltree  informing  me  that  we  had  become  a  part  of  the 
United  States.    This  gave  me  a  thrill  of  joy  such  as  I  have 
rarely  experienced. 

In  the  war  between  the  United  States  and  the  Republic  of 
Mexico,  following  annexation,  Texas  furnished  her  full 
quota  of  troops.  Among  the  distinguished  leaders  were  John 

C.  Hays,  the  great  ranger;  Albert  Sidney  Johnston,  who 
afterward  became  a  brigadier-general  in  the  army  of  the 
United  States  and  a  lieutenant-geueial  in  the  army  of  the 
Confederacy,  and  George  T.  Wood,  afterwards  Governor  of 
the  State. 

When  the  war  broke  out  I  expected  to  go  with  a  company 
from  Nacogdoches,  but  when  I  had  packed  up  and  was  ready 
to  btart  I  was  stricken  down  with  typhoid-pneumonia,  and 
confined  to  my  bed  for  about  eight  weeks,  much  of  the  time 
in  an  unconscious  condition. 


CHAPTER  V 
LAWYER  AND  LEGISLATOR 

I  was  a  pioneer  settler  in  what  is  now  Kaufman  County, 
having  moved  there  in  the  fall  of  1844.  I  drew  up  the  peti 
tions  for  the  organization  of  the  counties  of  Henderson, 
Kaufman,  and  Van  Zandt,  asking  in  the  petitions  that  these 
names  be  given  them.  This  was  in  recognition  of  the  friend 
ship  which  had  been  shown  me  by  each  of  these  distinguished 
gentlemen;  and  the  legislature  named  the  counties  as  re 
quested  in  the  petition. 

I  commenced  the  study  of  law  in  1844,  without  the  aid  of  a 
preceptor,  and  some  sixty  miles  from  the  nearest  lawyer's 
office.  I  procured  a  number  of  elementary  books  on  dif 
ferent  branches  of  the  law,  and  began  my  reading  with  Black- 
stone's  Commentaries.  I  frequently  came  to  expressions  the 
legal  meaning  of  which  I  did  not  understand.  In  such  cases 
I  turned  to  Webster's  Unabridged  Dictionary  to  ascertain  the 
primary  meaning  of  the  words  of  the  sentence.  Having  done 
this,  I  turned  to  Bouvier's  Law  Dictionary  to  ascertain  their 
legal  meaning.  I  was  thus  enabled  to  determine  whether  the 
reference  was  to  common  law,  to  equity,  or  to  criminal  law, 
and  whether  a  reference  was  to  a  question  of  pleading,  of 
evidence,  or  of  practice.  In  this  way  I  made  out  the  meaning 
of  the  sentence,  and  got  the  necessary  legal  distinctions  as 
between  common  law,  equity,  and  criminal  law,  and  as  to 
questions  of  pleading,  evidence,  and  practice  fixed  in  my 
memory,  which  was  of  great  service  to  me  afterward.  I  was 
perhaps  three  times  as  long  reading  Blackstone  as  the  ordi 
nary  student  with  a  teacher  at  hand  would  have  been;  but 
when  I  had  finished  I  had  also  read,  by  reference,  nearly  all 
my  elementary  law  books. 


52  MEMOIRS    BY    JOHN    H.    REAGAN 

In  1846  I  received  a  temporary  license  to  practice  law  in 
the  district  and  inferior  courts,  with  my  office  in  the  old  town 
of  Buffalo  on  the  Trinity  River.  From  1844  to  1851  I  culti 
vated  a  small  farm  in  what  is  now  Kaufman  County.  In 
1846,  Henderson  having  been  formed  into  a  new  county,  I 
was  elected  probate  judge  and  lieutenant-colonel  of  the  bat 
talion  of  militia  for  that  county. 

In  1847  I  was  elected  to  a  seat  as  representative  in  the 
State  Legislature  from  the  Nacogdoches  district,  embracing 
what  are  now  the  counties  of  Nacogdoches,  Angelina,  Chero 
kee,  Smith,  Henderson,  Kaufman,  Van  Zandt,  Rockwall, 
Rains,  Wood,  the  west  half  of  Upshur,  the  north  half  of  Dal 
las,  and  eight  and  one-half  miles  in  width  of  the  south  end 
of  Hunt  County.  Adolphus  Sterne  of  Nacogdoches  and 
Everett  Lott  of  Smith  County  were  my  colleagues.  On  the 
organization  of  the  House  of  Representatives  I  was  made  a 
member  of  each  of  the  following  standing  committees :  ju 
diciary,  public  land  and  land  office,  apportionment  of  repre 
sentation,  federal  relations  and  enrolled  bills. 

Governor  J.  Pinckney  Henderson  submitted  with  his  mes 
sage  to  the  legislature  a  series  of  resolutions  which  had  been 
passed  by  half  a  dozen  or  more  of  the  legislatures  of  different 
States,  declaring  their  views  on  current  political  questions. 
Among  them  were  the  resolutions  of  Rhode  Island,  which 
condemned  the  tariff  of  1846  and  recommended  the  reinstall- 
ment  of  the  tariff  of  1842;  denounced  the  institution  of 
slavery;  and  inveighed  against  the  annexation  of  Texas  and 
the  acquisition  of  Mexican  territory.  These  various  resolu 
tions  were  referred  to  the  committee  on  federal  relations,  of 
which  I  was  a  member.  The  chairman  of  the  committee  in  call 
ing  attention  to  them  asked  me  if  I  would  prepare  resolutions 
responding  to  those  of  Rhode  Island,  and  setting  forth  our 
views  on  those  questions.  I  consented  to  do  so ;  and,  when  at 
the  next  meeting  of  the  committee  I  made  my  report, 
I  was  directed  to  present  the  report  and  resolutions  to 
the  House.  It  did  not  occur  to  me  that  in  so  doing  I 


LAWYER    AND    LEGISLATOR  53 

would  make  myself  responsible  for  the  defense  of  them; 
so  when  they  came  up  for  action,  Mr.  Benjamin  Epperson, 
a  talented  young  member  and  brilliant  speaker,  asked  that 
they  should  be  set  for  a  future  day  to  give  time  for  their 
examination.  This  was  agreed  to,  and  when  that  day 
arrived,  he,  being  a  Whig,  offered  a  substitute  for  my  reso 
lutions,  embodying  the  substance  of  Mr.  Clay's  Lexington 
speech  of  the  summer  of  1847,  and  made  a  strong  speech  in 
favor  of  his  substitute.  I  was  expecting  some  other  member 
to  reply  to  him ;  but  no  one  seemed  disposed  to  do  so ;  and  I 
saw  all  eyes  directed  toward  me.  It  then  flashed  on  me 
that  having  reported  the  resolutions  I  was  expected  to  defend 
them.  I  was  a  young  and  new  member,  and  had  never  ad 
dressed  the  House,  but  I  made  the  best  argument  I  could; 
and  when  I  sat  down,  M.  B.  Lamar,  ex-President  of  the 
Republic,  then  a  representative  from  Webb  County,  arose 
and  said  he  had  examined  the  resolutions  with  care,  and 
that  they  stated  the  views  of  the  people  and  of  the  South 
very  clearly  and  correctly,  and  that  he  hoped  they  would  be 
passed  by  the  House  unanimously  without  the  crossing  of  a 
t  or  the  dotting  of  an  i.  There  were  but  three  votes  for  the 
substitute  and  the  resolutions  were  adopted. 

I  was  very  much  gratified  by  the  statements  of  ex-Presi 
dent  Lamar.  Mr.  Epperson  and  I  were  not  then  personally 
acquainted.  When  the  House  adjourned  we  met  and  intro 
duced  ourselves,  and  became  strongly  attached  friends,  and 
so  remained  until  his  death  many  years  later. 

More  work  was  done  at  this  session  than  at  any  other 
since  the  organization  of  the  State  government.  All  the 
organic  laws  were  re-enacted  and  perfected,  having  been 
hurriedly  passed  by  the  first  legislature.  The  organization 
of  the  supreme,  district,  county  and  justice  courts  was  pro 
vided  for.  The  duties  of  sheriffs,  assessors  and  collectors 
of  taxes,  of  constables  and  coroners  were  defined.  A  very 
elaborate  probate  law  was  passed,  a  law  providing  for  the 
assessment  and  collection  of  taxes,  and  a  law  for  appor- 


54  MEMOIRS    BY    JOHN    H.    REAGAN 

tioning  senators  and  representatives,  and  for  defining  the 
senatorial  and  representative  districts;  besides  much  other 
general  and  special  legislation.  Among  the  important  laws 
enacted  at  this  session  was  one  introduced  by  me  to  give 
each  county  in  the  State  its  own  land  office  and  land  records. 
This  was  made  necessary  by  the  following  facts :  the 
Constitution  of  the  Republic  of  Texas  provided  for  the  sec- 
tionizing  of  the  public  lands  of  Texas,  on  a  plan  like  that  of 
the  United  States ;  but  the  Congress  of  the  Republic  found 
that  it  could  not  provide  the  money  necessary  for  the  execu 
tion  of  the  requirement,  and  some  provision  was  necessary 
to  enable  the  new  settlers  to  obtain  homes  on  the  public 
lands.  To  overcome  this  difficulty  the  Congress  enacted  a 
law  providing  that  each  county  should  be  a  land  district 
and  a  section.  While  this  was  plainly  a  subterfuge  and  an 
evasion  of  the  constitutional  requirement,  it  was  from 
necessity  sustained.  The  Constitution  of  the  Republic 
enumerated  the  counties  and  made  provision  for  a  very 
limited  number  of  new  counties  to  be  created  by  Congress, 
and  no  others  until  the  census  of  the  population  of  the 
Republic  should  be  taken.  The  representatives  of  the  Re 
public  to  the  Courts  of  Europe  had  made  certain  statements 
as  to  the  amount  of  the  population  of  the  Republic,  which 
it  was  thought  made  it  best  not  to  take  the  census ;  and  this 
was  not  done  until  after  the  annexation  of  the  Republic  to 
the  United  States. 

The  existing  apportionment  of  representatives  and  sena 
tors  was  manifestly  unjust;  for  about  two-thirds  of  the 
population  was  east  of  the  Trinity  River  and  about  two- 
thirds  of  the  senators  and  representatives  west  of  that 
stream.  During  the  session  of  the  legislature  the  apportion 
ment  committee  reported  and  the  House  of  Representatives 
passed  a  bill  which  equalized  the  representation  fairly.  At 
that  session  we  had  no  public  printer.  Our  proceedings 
were  all  in  manuscript ;  and  before  the  final  passage  of  the 
bill  by  the  House  it  was  stolen,  no  doubt  by  some  one 


LAWYER   AND   LEGISLATOR  55 

opposed  to  its  passage.  The  committee  directed  William 
Borland  of  Lamar  County,  James  Willie  of  Washington 
County,  and  myself,  members  of  the  committee,  to  under 
take  to  make  out  a  duplicate  of  the  stolen  bill.  We  succeeded 
in  this  to  the  satisfaction  of  the  committee,  and  reported  it 
to  the  House.  It  was  passed,  though  late  in  the  session, 
and  went  to  the  Senate,  where  it  was  also  passed,  but  with 
some  amendments.  The  two  houses  had  agreed  to  a  joint 
resolution  for  the  adjournment  of  the  session,  and  the  bill 
was  late  in  being  returned  to  the  House.  I  went  to  Speaker 
James  Henderson  and  requested  that  when  the  bill  came 
from  the  Senate  he  recognize  either  me  or  Colonel  Borland 
to  move  the  adoption  of  the  Senate's  amendments  and  to 
call  for  the  previous  question.  When  the  bill  came  to  the 
House  I  moved  the  adoption  of  the  amendments  of  the 
Senate ;  and  upon  a  yea  and  nay  vote  they  were  accepted  by 
a  majority  of  two.  This  was  done  by  Mr.  Willie's  voting 
with  us,  though  he  opposed  the  bill  in  order  to  move  a  recon 
sideration  and  then  to  speak  until  the  session  should  be  ended. 
If  he  had  voted  against  the  bill,  it  would  have  been  lost  on  a 
tie  vote.  As  soon  as  the  result  was  announced  four  or  five 
of  those  who  had  voted  against  it  walked  out  to  a  saloon  back 
of  the  Capitol  to  console  themselves  by  taking  a  drink.  As 
soon  as  the  vote  adopting  the  Senate  amendments  was  passed, 
I  moved  to  reconsider  the  vote  and  to  lay  that  motion  on  the 
table ;  and  on  taking  the  vote  my  motion  was  carried  by  some 
half  a  dozen  majority.  The  House  then  adjourned. 

The  members  went  down  on  the  avenue,  and  a  good  many 
of  them  stopped  at  a  saloon  to  take  their  parting  drinks. 
Mr.  Epperson  and  I  coming  up  the  avenue  on  the  way  to 
our  boarding-house,  met  Senator  Henry  W.  Jewett,  who 
inquired  about  the  apportionment  bill.  We  told  him  we 
supposed  Kimbell,  the  clerk,  was  enrolling  it.  He  said  no, 
that  he  himself  had  put  out  the  last  light  in  the  Capitol.  We 
found  this  to  be  true  and  went  back  down  the  avenue,  and 
meeting  Mr.  Mosely,  requested  him  to  keep  sight  of  Ben 


56  MEMOIRS    BY    JOHN    H.    REAGAN 

Hill,  the  clerk  of  the  House,  until  we  could  go  to  Kimbell's 
residence  down  near  the  Colorado  and  get  him.  We  found 
him  and  on  our  return  were  joined  by  Mosely  and  Hill.  On 
reaching  the  Capitol,  Hill  expressed  doubts  as  to  his  au 
thority  to  give  us  the  bill  and  amendments,  as  the  House 
had  adjourned.  He  went  to  consult  the  Attorney-General, 
and  declined  to  give  us  the  bill.  We  went  into  a  committee 
room  which  joined  the  hall  of  representatives,  and  forced 
the  door  of  the  hall  open  and  took  the  bill  and  amendments 
from  the  desk  of  the  clerk  and  put  Kimbell  to  enrolling  it. 
Epperson,  Mosely  and  I  happened  to  be  members  of  the 
enrolling  committee.  We  went  to  the  room  of  Lieutenant- 
Governor  Greer,  who  was  President  of  the  Senate,  and  to 
the  room  of  Speaker  Henderson  to  let  them  know  that  the 
bill  would  be  brought  for  their  signatures  as  soon  as  it  could 
be  enrolled,  supposing  that  it  might  be  done  before  daylight. 
But  it  was  seven  or  eight  o'clock  when  the  enrollment  was 
completed.  We  thereupon  took  the  bill  to  them  and  they 
both  signed  it;  and,  delivering  it  to  Governor  Wood  at  his 
office,  he  directed  the  Secretary  of  State  to  file  it  with  the 
enrolled  acts. 

The  unwillingness  of  those  who  had  enjoyed  the  advan 
tage  of  over-representation  to  surrender  that  advantage, 
and  the  circumstances  attending  the  passage  of  this  act, 
gave  rise  to  much  speculation  and  controversy  in  the  news 
papers.  It  was  contended  that  the  bill  was  enrolled  and 
reported  to  the  Governor  after  the  adjournment  of  the  legis 
lature,  and  was  therefore  no  law;  and  to  secure  a  judicial 
decision  to  that  effect,  two  citizens  of  Guadalupe  County 
agreed  to  make  a  bet  of  five  hundred  dollars  on  the  question 
as  to  whether  the  act  was  constitutional.  They  put  up  their 
notes  for  those  sums,  and  referred  the  question  to  a  third 
person  for  decision,  with  the  understanding  that  the  loser  was 
to  refuse  to  pay,  and  that  suit  was  to  be  brought  to  get  the 
question  of  the  validity  of  the  act  passed  upon  by  the 
courts.  In  this  way  the  case  went  to  the  district  court, 


LAWYER   AND    LEGISLATOR  57 

where  the  decision  was  in  favor  of  its  constitutionality.  It 
was  then  taken  to  the  Supreme  Court,  and  Justice  Lipscomb, 
in  announcing  the  decision,  said  the  court  had  been  consid 
ering  whether  it  ought  not  to  impose  the  penalties  for  con 
tempt  on  the  parties  and  their  attorneys  who  brought  that 
case  before  the  court  for  the  purpose  of  obtaining  its  opinion 
on  a  political  question,  based  on  a  gambling  consideration. 
The  case  was  dismissed  and  the  law  sustained. 

In  the  spring  of  1848,  upon  examination,  I  had  received 
a  regular  license  to  practice  law  in  the  district  and  inferior 
courts  of  the  State.  I  was  subsequently  licensed  to  practice 
in  the  Supreme  Court  of  the  State.  In  1857  I  was  au 
thorized  to  practice  in  the  Supreme  and  inferior  courts  of 
the  United  States. 

On  June  19,  1896,  Tulane  University  of  Louisiana  con 
ferred  on  me  the  honorary  degree  of  doctor  of  laws — the 
fifth  person  so  honored  by  that  institution,  and  in  April, 
1903,  I  received  the  same  degree  from  Baylor  University 
of  Texas. 

Before  I  pass  from  this  subject  I  think  I  may  be  excused- 
in  citing  a  few  of  the  important  cases  at  law  with  which  I 
was  connected. 

The  first  murder  case  in  which  I  was  leading  counsel  was 
that  against  John  Jennings  for  the  killing  of  Major  James 
Shannon,  in  Grayson  County,  Texas.  Shannon  was  a 
brother  of  Hon.  Jeff.  Shannon,  member  of  the  legislature 
from  that  county.  The  case  was  one  of  much  interest.  Jen 
nings  was  acquitted.  From  this  time  on  my  criminal  practice 
increased.  About  this  time  I  represented  Major  McDermot 
in  the  trial  of  the  title  to  a  tract  of  one  hundred  and  sixty 
acres  of  land  now  in  the  city  of  Dallas — in  a  suit  brought 
against  him  by  one  Carder ;  and  I  was  employed  also  in  the 
case  of  Latham  vs.  Tucker,  involving  principles  of  equity 
and  the  marshalling  of  assets,  from  both  of  which  I  gained 
a  prominence  in  real  estate  litigation.  I  refused  a  fee  of 
two  thousand  five  hundred  dollars  offered  by  Ed  Day  if  I 


58  MEMOIRS   BY   JOHN    H.    REAGAN 

would  defend  him  against  the  charge  of  murdering  his  wife; 
and,  volunteering  to  prosecute  him  without  fee  or  reward,  I 
secured  his  conviction.  The  last  fee  which  my  partner,  the 
Honorable  Nat  M.  Burford,  and  I  received  before  I  went  on 
the  bench  was  five  thousand  dollars.  It  came  from  an 
important  land  case  in  Ellis  County,  Texas. 

In  1849  I  was  a  candidate  for  election  to  the  State  Senate. 
It  was  the  only  time  I  was  ever  defeated  in  a  popular  elec 
tion,  and  in  this  case  I  deliberately  accepted  defeat  rather 
than  promise  the  people  to  do  what  I  felt  sure  would  operate 
to  their  injury.  A  large  part  of  the  district  was  in  what  was 
then  known  as  Peter's  Colony.  The  colonization  company 
had  agreed  to  introduce  and  settle  colonists  at  its  own  ex 
pense,  for  six  hundred  and  forty  acres  of  land  for  each  head 
of  a  family,  and  three  hundred  and  twenty  acres  for  each 
single  man  it  should  so  introduce  and  settle.  It  invited 
colonists,  and  many  families  and  single  men  came  into  the 
colony  at  their  own  expense,  the  company  agreeing  to  allow 
each  head  of  a  family  and  each  single  man  a  portion  of  its 
land.  Many  settlements  were  made  before  the  company 
had  the  land  surveyed  and  sectionized,  and  when  afterward 
the  surveys  were  made,  many  of  the  settlers  found  the  land 
assigned  to  them  to  be  parts  of  different  sections  and  sub 
divisions  of  sections.  This  produced  great  dissatisfaction. 
The  company's  agent,  Mr.  Hedgecox,  insisted  that  the  set 
tlers  must  rearrange  the  location  of  their  claims,  which  in 
many,  probably  the  most  cases,  meant  the  division  of  their 
farms,  and  would  operate  in  other  respects  to  their  serious 
injury.  It  was  contended  by  the  settlers  that  the  coloniza 
tion  company  had  forfeited  its  contract  by  non-compliance 
with  its  terms,  and  they  insisted  on  the  passage  of  a  law  to 
give  the  heads  of  families  six  hundred  and  forty  acres  and 
single  men  three  hundred  and  twenty  acres  of  land,  ignoring 
the  rights  of  the  company.  The  Attorney-General  of  the 
Republic,  Ebenezer  Allen,  had  given  and  published  an 
opinion  sustaining  the  position  of  Hedgecox,  the  agent  of  the 


LAWYER   AND   LEGISLATOR  59 

company.  I  told  the  settlers  it  would  be  possible  to  get  such 
a  law  through  the  legislature,  but  if  it  were  passed  the  com 
pany  would  enjoin  the  issuance  of  patents  to  them,  and  bring 
suits  against  each  of  them  in  the  Federal  court  at  Galveston, 
the  only  place  in  Texas  at  which  a  Federal  court  was  then 
held,  and  that  the  expense  of  litigation  at  that  distance 
(about  three  hundred  miles)  from  their  homes  would  be 
more  than  the  land  was  then  worth;  and  that  I  would  not 
promise  to  do  them  that  wrong,  even  at  their  own  request. 
Another  candidate  made  them  that  promise  and  was  elected 
by  a  very  small  majority,  and  secured  the  passage  of  a  law 
giving  to  each  settler  in  the  colony  the  land  he  claimed. 

In  a  short  time,  however,  after  the  passage  of  this  law, 
the  Peters  Colonization  Company  obtained  from  the  court 
a  writ  of  injunction  prohibiting  the  commissioner  of  the 
general  land  office  from  issuing  patents  to  the  settlers,  and 
entered  suits  in  the  United  States  circuit  court  at  Galveston 
against  many  of  the  settlers  claiming  under  the  law  to  secure 
the  annulment  of  their  claims.  This  is  what  I  had  told  the 
settlers  during  my  canvass  would  be  done;  and  very  great 
excitement  ensued  among  the  colonists,  giving  rise  to  large 
public  meetings,  in  each  of  the  seven  counties  in  the  colony, 
and  but  for  the  efforts  of  Col.  M.  T.  Johnson  of  Tarrant 
County,  the  Hon.  John  M.  Crockett  of  Dallas,  and  myself, 
violent  measures  against  the  agent  of  the  company  would 
certainly  have  been  adopted. 

The  public  meetings  referred  to  provided  for  a  conven 
tion  of  delegates  from  those  seven  counties  to  meet  at  the 
town  of  McKinney  in  Collin  County,  to  consult  as  to  what 
measures  would  be  necessary  for  their  relief.  By  a  reso 
lution  of  that  convention,  a  committee  was  appointed  with 
authority  to  employ  counsel  to  represent  the  colonists  in  the 
general  land  office  and  in  Federal  and  State  courts.  That 
committee  entered  into  an  agreement  to  pay  me  ten  thou 
sand  dollars  to  represent  their  interests,  which  I  undertook 
to  do.  But  after  a  time  I  gave  it  up,  having  been  elected 


60  MEMOIRS    BY   JOHN    H.    REAGAN 

judge  of  the  district  embracing  some  of  the  counties  con 
cerned.  This  was  in  the  fall  of  1852.  My  judicial  district 
embraced  the  counties  of  Houston,  Anderson,  Henderson, 
Van  Zandt,  Navarro,  Ellis,  Kaufman,  Tarrant,  and  Dallas. 
The  term  for  which  I  was  elected  was  six  years. 

While  the  controversy  above  mentioned  was  in  some 
measure  a  local  matter,  it  involved  the  interests  of  the 
families  of  two  or  three  thousand  colonists,  occupying  seven 
of  the  best  counties  of  land  in  the  State.  It  was  finally 
compromised  by  the  company's  taking  the  amount  of  the 
lands  to  which  they  were  entitled  in  the  colony,  and  the 
colonists'  securing  three  hundred  and  twenty  acres  of  land 
for  each  head  of  family  and  one  hundred  and  sixty  acres 
for  single  men. 

Meantime,  in  the  summer  of  1851,  I  had  become  a  citizen 
of  the  town  of  Palestine,  then  the  largest  in  our  judicial 
district,  and  having  the  ablest  lawyers.  Friends  advised  me 
that  I  could  not  expect  to  succeed  in  competition  with  so 
strong  a  bar.  My  answer  was  that  if  I  could  not,  then  I 
ought  not  to  continue  in  the  profession  of  the  law. 

In  December,  1852,  I  was  married  to  Miss  Edwina  Moss 
Nelms,  daughter  of  Colonel  Edwin  and  Mrs.  Diana  Nelms. 
Our  marriage  was  blessed  with  six  children,  three  of  whom 
are  still  living.  She  died  in  Richmond,  Virginia,  in  July, 
1863. 

I  continued  to  perform  the  duties  of  judge  of  the  district 
court  until  1856.  The  legislature  during  the  session  of 
^55-56  passed  a  law  increasing  the  salary  of  district  judges 
from  $1,750  per  annum  to  $2,250,  assigning  as  a  reason  for 
the  increase  that  the  existing  salaries  were  not  sufficient  to 
secure  the  best  legal  talent  for  the  bench.  Soon  after  the 
passage  of  this  law  I  tendered  my  resignation  as  judge, 
and  announced  myself  a  candidate  for  reelection,  giving 
as  the  reason  for  my  action  that  if  the  increased  salary  might 
enable  the  people  of  the  district  to  select  an  abler  judge  it 
was  my  duty  to  give  them  a  chance  to  do  so.  An  additional 


LAWYER    AND    LEGISLATOR  61 

reason,  too,  was  that  since  my  election  the  district  had  been 
changed  by  dropping  the  counties  of  Navarro,  Ellis,  Tar- 
rant  and  Dallas,  and  by  adding  to  the  district  the  counties 
of  Cherokee  and  Smith,  which  contained  nearly  half  the 
population  of  the  new  district.  I  stated  that  it  would  be 
but  fair  to  allow  these  two  newly  added  counties  to  have  a 
voice  in  the  selection  of  their  judge.  I  was,  in  1856,  re- 
elected  as  district  judge  for  another  term  of  six  years.  On 
my  election,  the  law  firm  of  Reagan  and  Burford,  which  had 
existed  for  four  years,  was  dissolved.  I  then  owned  a  good 
many  tracts  of  land ;  Judge  Burford  had  none ;  and  I  com 
plimented  him  with  a  deed  to  one  hundred  acres  now 
covered  by  the  city  of  Sherman,  and  to  three  hundred  acres 
now  within  the  city  of  Dallas. 


CHAPTER  VI 
IN  CONGRESS 

The  year  after  my  election  as  judge  the  Democratic  party 
of  the  first  congressional  district  of  Texas  held  a  convention 
at  the  town  of  Tyler,  Texas,  to  nominate  a  candidate  for  a 
seat  in  the  Congress  of  the  United  States.  I  had  seen  that 
the  newspapers  were  discussing  my  name  for  that  position, 
and  so  I  wrote  to  some  of  the  members  of  the  convention 
that  I  could  not  accept  the  nomination  if  made;  that  I  had 
been  recently  reelected  for  a  second  term  as  judge  of  the 
district  court  and  preferred  that  position  to  entering  political 
life;  and  that  I  did  not  want  to  be  placed  in  the  position  of 
seeking  one  office  while  filling  another.  I  was  holding  the 
court  of  Kaufman  County  during  the  session  of  the  con 
vention.  Disregarding  my  objections,  the  convention  nomi 
nated  me,  and  appointed  a  committee  to  wait  on  me  and 
urge  my  acceptance.  The  committee  presented  the  view 
that  the  convention  had  acted  and  adjourned,  and  that  if  I 
refused  to  accept,  it  would  produce  much  confusion,  and 
probably  operate  detrimentally  to  the  Democracy  of  the 
district,  which  was  then  represented  by  the  Hon.  L.  D. 
Evans,  a  Know-Nothing,  and  an  enemy  of  Democracy.  On 
my  stating  that  I  preferred  judicial  to  political  service,  and 
that  I  disliked  to  give  up  my  office  of  judge  so  soon  after 
being  elected  a  second  time,  it  was  argued  by  the  committee 
that  as  it  was  near  the  time  for  my  vacation  I  could  make 
the  race,  and  if  elected  resign,  while  if  defeated  I  could  con 
tinue  in  the  office  of  judge.  To  this  my  reply  was  that  if  I 
accepted  the  nomination  the  first  paper  I  should  write  would 
be  my  resignation  as  judge;  that  I  would  be  unwilling  to 


IN    CONGRESS  63 

hold  one  important  office  while  canvassing  for  another.  The 
result  was  that  I  yielded,  sent  in  my  resignation  as  judge  to 
the  Governor  of  the  State,  and  announced  myself  a  candidate 
for  Congress. 

Though  I  was  much  worn  down  by  holding  the  courts 
for  five  months  and  not  in  very  good  health,  I  entered  the 
canvass.  Judge  Evans,  my  opponent,  was  a  man  of  ability, 
in  the  meridian  of  life,  with  considerable  political  experience, 
and  with  the  prestige  of  being  the  sitting  member  of  Con 
gress.  My  race  was  made  the  more  difficult  because  Gen. 
Sam  Houston,  with  his  great  ability,  experience,  long 
service  in  the  past,  and  great  popularity,  was  a  candidate 
for  the  office  of  Governor  of  the  State,  and  the  leader  of  the 
Know-Nothing  party  represented  by  Judge  Evans.  I  had 
necessarily  to  meet  and  overcome  the  influence  of  General 
Houston,  who  had  led  the  army  of  the  Republic  to  a  great 
victory  at  San  Jacinto,  who  had  been  twice  elected  Presi 
dent  of  the  Republic,  and  who  had  served  the  State  in  the 
Senate  of  the  United  States  three  terms.  In  combating  his 
views  I  always  did  so  with  great  respect  for  his  character, 
his  distinguished  public  service,  and  his  greater  age,  dealing 
only  with  the  political  principles  involved  in  the  contest  and 
never  in  personal  unkindness. 

Soon  after  accepting  the  nomination  I  prepared  a  list  of 
appointments  of  places  and  times  at  which  I  proposed  to 
address  the  people  of  the  district,  and  sent  a  copy  to  Judge 
Evans  with  my  request  for  a  joint  canvass  and  discussion; 
and  with  the  statement  that  if  the  dates  and  places  of 
appointment  did  not  meet  his  approval,  and  he  would  pre 
pare  a  list  which  suited  him  I  would  join  him  in  it.  He 
accepted  my  list  in  a  rather  unfriendly  reply,  and  I  opened 
the  canvass  by  a  speech  in  Palestine  on  the  6th  day  of  June. 
I  spoke  at  Crockett  and  in  Trinity  County  before  being  met 
by  Judge  Evans  at  Woodville,  where  we  had  our  first  joint 
debate.  Between  the  6th  of  June  and  the  first  Monday  in 
August  we  canvassed  thirty-six  counties,  in  forty-eight  joint 


64  MEMOIRS    BY    JOHN    H.    REAGAN 

debates,  covering  the  country  extending  from  the  Mexican 
Gulf  on  the  south  to  the  Red  River  on  the  north,  and  from 
the  Sabine  River  on  the  east  to  the  Trinity  on  the  west,  often 
traveling  a  good  part  of  the  night  and  once  all  night  to 
meet  our  appointments.  Our  joint  discussions  never  lasted 
less  than  five  hours,  and  often  considerably  more,  generally 
occurring  in  the  daytime,  but  on  several  occasions  at  night. 
I  greatly  doubt  if  there  ever  was  in  the  United  States  so 
laborious  a  canvass  as  this.  Judge  Evans  was  a  man  of 
great  physical  strength  and  capable  of  great  endurance.  All 
I  can  say  of  myself  in  this  respect  is  that  we  went  through 
the  campaign  together. 

I  based  my  canvass  on  the  Democratic  platform  and  three 
objections  to  the  policy  of  the  Know-Nothing,  or  American 
party,  as  it  was  often  called.  The  first  was  that  there  ought 
to  be  no  religious  tests  in  politics,  that  the  framers  of  the 
Constitution  of  the  United  States  and  of  the  Constitution 
of  our  State  carefully  provided  for  the  separation  of  church 
and  state.  While  in  principle  I  was  a  Protestant  and  was 
probably  influenced  by  prejudice  against  the  past  history 
of  the  Catholic  church,  I  still  regarded  the  blending  of  poli 
tics  and  religion  as  dangerous  to  the  future  of  our  country. 
My  second  objection  was  that  we  ought  not  to  make  the 
place  of  birth  of  a  citizen  a  political  test.  Foreign-born 
citizens,  I  urged,  had  aided  in  the  struggle  of  our  Revolu 
tionary  fathers  to  maintain  the  independence  of  this  country ; 
I  argued  that  it  had  been  the  policy  of  the  Federal  and  of  the 
several  State  governments  to  invite  intelligent  foreigners 
from  western  Europe  to  help  develop  and  build  up  our 
country;  and  that  it  would  be  both  inconsistent  and  wrong 
for  us  now  to  turn  upon  them  and  deny  them  the  right 
either  to  vote  under  the  conditions  prescribed  by  law  or  to 
hold  office.  My  third  objection  was  that  secret  political 
societies  were  un-American  and  unwise,  and  endangered  the  • 
future  of  our  liberty  and  of  our  system  of  government,  for 
ours  was  a  government  of  the  people,  and  ought  to  be  con- 


IN    CONGRESS  65 

trolled  by  enlightened  public  opinion;  and  that  free  public 
discussion  of  political  questions,  I  believed,  was  the  only 
way  in  which  we  could  expect  to  get  a  fair  and  just  consid 
eration  of  such  questions.  And  further,  I  emphasized,  that 
in  secret  societies,  such  as  the  Know-Nothing,  the  most 
violent  and  radical  men  became  the  leaders  and  ruled  the 
proceedings  and  dictated  its  conclusions,  there  being  no 
chance  for  a  presentation  of  opposing  views  and  for  the 
comparison  of  opinions. 

Upon  these  issues  I  was  elected  by  between  three  and  four 
thousand  majority. 

I  took  my  seat  in  Congress  as  the  Representative  of  the 
first  district  of  Texas  on  the  7th  day  of  December,  1857, 
and  I  was  appointed  a  member  of  the  Committee  on  Indian 
Affairs  and  on  the  Committee  of  Expenditures  of  the  Post 
Office  Department. 

On  the  i  Qth  day  of  January,  1858,  I  delivered  an  address 
in  the  House  of  Representatives  on  the  life,  services,  char 
acter,  and  death  of  Gen.  Thomas  J.  Rusk,  late  a  Senator  of 
the  United  States.  I  knew  him  well  and  loved  him.  He 
was  one  of  the  greatest  of  the  sons  of  Texas,  and  for  this 
reason  I  offer  at  this  point  my  address. 

^  Mr.  Speaker:  The  announcement  just  made  of  the  death  of 
Gen.  Thomas  J.  Rusk,  late  a  Senator  from  the  State  of  Texas, 
calls  for  another  pause  in  the  ordinary  business  of  this  house, 
and  for  the  performance  of  our  last  solemn  duty,  as  a  body,  to 
the  memory  of  a  great  and  good  man. 

General  Rusk  was  a  native  of  the  State  of  South  Carolina, 
where  he  studied  law,  and  commenced  in  comparative  obscurity 
the  great  business  of  life.  He  subsequently  removed  to  the  State 
of  Georgia,  and  in  1835  to  the  State  of  Texas.  The  struggle 
for  the  independence  and  separate  national  existence  of  Texas 
had  then  begun,  and  that  love  of  justice  and  of  right,  that  manly 
courage  and  lofty  patriotism  which  so  distinguished  his  after 
years,  induced  him  at  once  to  identify  his  fortunes  with  those 
of  the  brave  spirits  there,  and  who  had  learned  the  value  of 
freedom  and  equality,  and  had  determined  to  meet  the  perils 
of  war  rather  than  submit  to  the  loss  of  their  civil  and  religious 
liberty. 


66  MEMOIRS    BY    JOHN    H.    REAGAN 

It  is  not  my  purpose  now  to  notice  in  detail  the  many  historic 
events  in  the  life  of  General  Rusk.  This  will  be  the  pleasant 
duty  of  the  historian.  Nor  is  it  my  object  to  pronounce  a  formal 
eulogy  upon  his  life  and  services.  But  I  come  to  offer  the  grate 
ful  tribute  of  the  brave  and  generous  people  he  has  so  often 
commanded  in  battle,  and  so  long,  so  ably,  so  faithfully  served 
in  the  councils  of  the  State  and  Nation. 

As  commander  of  a  volunteer  company;  as  aid  to  Gen. 
Stephen  F.  Austin ;  as  the  first  Secretary  of  War  of  the  Re 
public  of  Texas;  as  the  first  Chief  Justice  of  the  Republic  of 
Texas ;  as  major-general  of  the  militia  of  the  Republic  of  Texas, 
charged  with  important  duties  and  clothed  with  large  powers ; 
as  a  member  of  the  convention  which  formed  the  Constitution 
of  the  Republic  of  Texas ;  as  a  member  of  the  Congress  of  the 
Republic  of  Texas  ;  as  president  of  the  convention  which  formed 
the  Constitution  of  the  State  of  Texas ;  as  Senator  in  the  Con 
gress  of  the  United  States ;  as  an  eminent  and  successful  law 
yer  ;  as  an  unostentatious  and  loyal  citizen,  ever  respecting  the 
laws,  the  religion,  the  institutions  and  the  government  of  his 
country ;  as  a  devoted  husband  and  affectionate  father— though 
he  has  fallen  in  the  meridian  of  his  manhood,  he  has  filled  the 
full  measure  of  a  citizen,  a  soldier,  a  patriot,  a  statesman  and 
a  hero,  to  whom  the  citizens  of  Texas  will  continue  to  point 
with  pleasure  and  with  pride  as  long  as  their  hearts  continue 
to  beat  with  the  pride  of  chivalry,  and  the  love  of  pure  and  un 
spotted  integrity,  and  exalted  and  unselfish  patriotism. 

General  Rusk  possessed  a  mind  of  uncommon  clearness  and 
strength,  and  a  constitution  and  physical  vigor  capable  of  great 
labor  and  endurance ;  a  commanding  and  noble  person ;  a  pleas 
ant  and  vivacious  temperament ;  was  fond  of  anecdote,  and  full 
of  kindness  and  sympathy  for  the  unfortunate  of  all  grades  and 
conditions.  Indeed,  his  love  of  justice,  and  candor  and  truth, 
and  his  sympathy  for  and  readiness  to  espouse  the  cause  of  the 
unfortunate,  or  weak,  or  oppressed,  might  be  said  to  have  been 
his  most  prominent  characteristics.  Always  courteous  and  re 
spectful  to  his  equals,  he  was  kind  and  condescending  to  his 
inferiors,  often  recognizing  them  and  hearing  their  suit,  and 
contributing  to  their  wants,  under  circumstances  which  showed 
that  he  regarded  the  true  dignity  of  a  man  as  consisting  in 
acts  of  justice  and  mercy,  rather  than  in  holding  himself  bound 
by  the  chains  of  ceremonial  coldness  which  too  often  separates 
a  man  from  his  fellows. 


IN    CONGRESS  67 

He  fought  gallantly  the  battles  of  his  adopted  country,  and 
while  Secretary  of  War,  beyond  the  ordinary  duties  of  that  sta 
tion,  he  bore  a  most  distinguished  part  on  the  glorious  field  of 
San  Jacinto,  and  aided  to  add  another  to  the  roll  of  nations  of 
free  republican  states,  and  to  gild  the  Southern  horizon  with  the 
star  of  liberty,  which  once  floated  in  lone  and  solitary  grandeur 
over  the  broad  and  beautiful  plains  of  Texas ;  but  which,  now, 
wreathed  with  the  oak  and  the  olive,  beams  with  undiminished 
luster  amid  the  grand  armorial  constellation  in  the  dome  above 
us,  representing  at  once  the  separate  sovereignty  and  the  na 
tional  unity  of  the  American  States. 

Though  he  occupied  many  important  stations,  and  though 
much  of  his  life  was  spent  in  the  true  discharge  of  official  duty, 
he  was  fond  of  the  retirement  and  quietude  of  private  life,  and 
generally  shunned  rather  than  sought  office.  This  was  illus 
trated  on  several  occasions  in  his  life.  He  was  urged  on  more 
than  one  occasion  to  accept  the  Presidency  of  the  Republic  of 
Texas,  but  uniformly  declined.  At  the  time  of  the  last  Presi 
dential  election  there,  both  of  the  distinguished  men  who  were 
candidates  for  that  office,  before  their  announcement,  urged 
General  Rusk  to  accept  the  position ;  and  neither  of  them  would 
have  opposed  him.  But  when  the  Presidency  was  thus  at  his 
command,  without  opposition,  he  declined  to  accept  it.  He 
refused  the  use  of  his  name  for  the  Vice-Presidency  of  the 
United  States,  and  repeatedly  discouraged  the  use  of  his  name 
for  the  Presidency. 

As  a  soldier,  he  was  brave  and  self  reliant;  as  an  officer,  he 
was  cautious  and  calculating,  always  ready  to  expose  his  own 
person  to  danger,  but  never  rashly  exposing  his  men. 

As  a  statesman,  he  looked  to  a  strict  construction  of  the 
Federal  Constitution  and  the  preservation  of  the  rights  of  the 
States  as  the  surest,  yea  the  only,  means  of  maintaining  the  per 
manency  of  the  Union,  the  equality  of  the  States,  and  the 
liberties  of  the  people,  in  the  spirit  in  which  these  blessings  were 
secured  to  us  by  our  Revolutionary  fathers.  And  while  he 
looked  proudly  on  our  past  history,  and  the  extraordinary 
growth  and  progress  of  our  common  country,  in  physical  science, 
the  arts,  agriculture  and  commerce ;  our  advancement  in  moral 
science,  in  religion,  in  laws,  in  good  government,  and  in  all  that 
tends  to  the  civilization  and  improvement  of  his  country  and 
his  race ;  yet,  as  I  learned  from  him  but  a  few  weeks  before  his 
death,  he  looked  with  fearful  apprehension  to  the  continued  and 
alarming  agitation  of  the  question  of  slavery,  as  tending  to 
weaken  his  high  hopes  of  the  future  destiny  of  the  Republic. 


68  MEMOIRS    BY    JOHN    H.    REAGAN 

At  the  time  of  which  I  speak  he  was  considering  with  great 
anxiety  whether  any  means  could  be  adopted  which  would 
avert  those  dangers,  and  secure,  if  possible,  on  a  permanent 
basis,  that  fraternal  good  feeling  and  mutual  respect  for  the 
rights  of  each  other  which  should  ever  characterize  the  people 
of  a  nation  so  blessed  with  such  elements  of  happiness  and 
prosperity  as  our  own.  He  also  condemned  with  much  earnest 
ness  the  new  social  theories  and  religious  fanaticisms  which 
have  obtained  a  limited  foothold  in  parts  of  our  country,  as 
being  full  of  delusions  and  of  danger ;  and,  as  evidence  that  he 
had  rightly  estimated  their  importance,  some  of  their  bitter 
fruits  are  now  upon  the  country. 

But,  alas !  with  all  his  wisdom,  with  all  his  usefulness,  with 
all  his  honors,  with  all  the  devotion  of  a  confiding  constituency, 
he  is  gone — gone  from  the  family  hearthstone,  from  the  domes 
tic  and  social  circles;  no  more  to  wave  his  proud  plume  in 
advance  of  his  comrades  in  arms;  no  more  to  draw  his  keen 
sword  in  defense  of  liberty ;  no  more  to  offer  his  wise  counsels 
for  the  good  of  the  nation ;  no  more  to  offer  the  willing  hand  of 
charity  to  the  needy;  no  more  to  offer  kind  and  encouraging 
counsel  to  the  deserving.  The  scenes  of  earth  have  closed  upon 
him.  And  while  we  mourn  his  death,  we  doubly  mourn  its 
manner.  It  is  true  he  fell  by  his  own  hand ;  but  that  hand  was 
not  moved  by  the  natural  impulses  of  his  upright,  generous 
heart,  or  guided  by  that  reason  and  consciousness  which  had  so 
long  distinguished  him  for  his  prudence  and  moderation. 

A  severe  domestic  bereavement — the  loss  of  the  wife  who 
was  the  cherished  idol  of  his  early  manhood  and  the  guiding 
star  of  his  after  life,  who,  in  prosperity  and  in  adversity,  in 
sickness  and  in  health,  under  all  the  varied  fortunes  of  his  life, 
had  clung  to  him  with  a  constant  and  unvarying  devotion,  had, 
by  the  inscrutable  hand  of  Providence,  been  taken  from  him. 
To  this  was  added  the  many  cares  and  perplexities  his  position 
had  drawn  upon  him.  And  to  these  was  added  a  disease  which, 
it  is  thought,  may  have  affected  his  spine  and  brain ;  and  these 
combined  causes,  operating  upon  his  keenly  sensitive  mental 
organization,  it  is  believed  caused  his  reason  to  give  way,  and 
his  struggling  soul,  unguided  by  consciousness,  sought  peace 
in  death. 

As  the  purity  of  his  heart,  the  prudence  and  moderation  of 
his  life,  the  extraordinary  inducements  he  had  to  desire  a  con 
tinuance  of  life,  and  the  absence  of  any  known  inducement  to 
desire  his  own  destruction,  exclude  the  idea  that  he  could  have 


IN    CONGRESS  69 

been  conscious  of  the  manner  of  his  death,  so  they  leave  us 
room  to  hope  and  believe  that  he  will  not  be  held  accountable 
for  it  before  the  Eternal  Judge. 

I  will  conclude  what  I  have  to  say  by  adding  that  the  legisla 
ture  of  Texas,  responding  to  the  general  sentiment  of  sincere 
admiration  entertained  by  the  people  of  that  State,  for  the 
worth  and  services  of  General  Rusk,  has  already  made  pro 
vision  for  the  erection  of  his  statue,  at  the  capital  of  the  State. 
And  a  nation's  sorrow  bears  testimony  that  his  fame  and  use 
fulness  were  the  property  of  the  whole  country. 

I  speak  here  not  only  as  the  representative  of  the  district  in 
which  General  Rusk  has  lived  ever  since  his  emigration  to 
Texas,  but  as  one  who  has  seen  him  in  his  home  with  his  family, 
around  his  own  fireside,  amongst  his  neighbors,  in  the  court 
house,  in  the  tented  field,  and  in  the  blazing  front  of  battle ;  the 
same  pure,  and  just,  and  generous,  and  noble  man,  at  all  times 
and  everywhere,  more  worthy  of  imitation,  in  his  leading  char 
acteristics,  than  any  other  it  has  been  my  fortune  to  know. 

On  the  i Qth  of  March,  1858,  I  delivered  a  speech  in  com 
mittee  of  the  whole,  ostensibly  on  the  question  of  the  admis 
sion  of  Kansas  into  the  Union  as  a  State,  under  the  Le- 
•compton  Constitution,  in  which  I  reviewed  the  anti-slavery 
agitation,  exposing  the  unconstitutional  aggressions  of  the 
North  upon  the  rights  of  the  Southern  States,  and  insisting 
that  territories  were  the  common  property  of  all  the  people 
of  all  the  States,  that  the  Constitution  of  the  United  States 
recognized  African  slavery,  and  the  right  of  property  in 
African  slaves.  I  therefore  argued  that  any  citizen  owning 
slaves  had  the  right  to  take  them  with  him  into  the  common 
territory — the  same  right  that  enabled  any  citizen  to  take 
with  him  his  property  of  whatever  character,  with  the  under 
standing  that  when  a  Territory  was  admitted  as  a  new  State, 
it  had  the  right  to  determine  whether  it  would  be  slave- 
holding  or  free. 

Also  I  controverted  the  statement  that  the  United  States 
had  paid  $200,000,000  for  Texas;  and  showed  that  while 
the  Government  had  paid  $800,000,000  for  acquired  terri 
tory,  that  $600,000,000  of  that  sum  had  gone  to  the  North. 


70  MEMOIRS    BY   JOHN    H.    REAGAN 

I  showed  that  out  of  the  2,174,566  square  miles  so  acquired, 
the  slaveholding  States  of  Florida,  Louisiana,  Missouri,  Ar 
kansas  and  Texas  had  been  formed  with  457,605  square 
miles  of  territory;  and  that  California,  Washington,  Iowa, 
Minnesota,  Dakota,  Nebraska,  and  Oregon,  containing 
1,732,877  square  miles,  had  become  free  States;  and  that  all 
the  balance  of  the  acquired  territory  was  likely  to  become 
such. 

When  I  accepted  the  nomination  for  a  seat  in  Congress, 
which  was  made  against  my  wish,  I  stated  my  objection  to 
entering  into  political  life,  and  that  I  must  not  be  expected 
to  be  a  candidate  for  a  second  time.  While  a  member  of  the 
35th  Congress  I  wrote  home  that  I  would  not  accept  a  second 
nomination.  During  the  35th  Congress  there  was  a  strong 
feeling,  especially  among  the  extreme  Southern  Rights  men, 
in  favor  of  filibustering  to  acquire  additional  territory  from 
Mexico,  Cuba,  and  Central  America,  and  for  the  reopening 
of  the  African  slave-trade,  and  for  the  creation  of  additional 
slave  States,  to  restore  the  balance  of  power  between  the 
North  and  South.  As  I  did  not  contemplate  asking  for  re 
election,  I  determined  to  avoid  a  discussion  of  these  ques 
tions  because  I  did  not  desire  to  go  out  of  public  life  in  a 
political  contest.  However,  my  views  being  challenged  in 
the  House  of  Representatives,  I  made  a  brief  statement  of 
my  opposition  to  filibustering  and  the  reopening  of  the  Afri 
can  slave-trade.  The  following  excerpt*  well  stated  my  posi 
tion  on  the  vital  questions  of  the  day,  showing  my  attitude 
toward  the  National  Government  in  unequivocal  words : 

Now,  in  regard  to  the  other  question,  as  to  whether  my  senti 
ments  favor  the  South,  or  agree  with  the  North,  I  desire  to  say 
this  :  That  I  have  been,  and,  I  trust  am,  as  faithful  an  advocate 
of  the  doctrine  of  the  rights  of  the  South,  and  of  a  strict  con 
struction  of  the  Constitution,  as  any  man  in  the  country;  and 
that  whenever  aggressions  from  any  source,  or  from  any  cause, 
shall  be  made  on  any  of  the  States,  to  strike  down  the  rights  of 
the  States,  or  deprive  the  people  of  any  of  their  liberties,  I  will 
unite  with  my  people  in  any  necessary  movement  to  protect 

*Cong.  Globe,  35th  Cong.,  2d  Sess.,  Part  II,  1467. 


IN    CONGRESS  71 

their  rights  from  aggression.  I  have  always  professed  to  be  a 
national  man ;  and  in  twelve  speeches  that  I  made  in  my  district 
last  summer,  I  declared  that  I  never  advocated  a  sentiment  in 
Texas  which  I  would  not  advocate  in  every  State,  district  and 
township  in  the  Union. 

I  repudiate  all  sectional  heresies.  I  repudiate  everything  that 
is  not  national;  everything  that  looks  to  the  violation  of  the 
moral  law,  to  build  up  political  parties,  or  sectional  parties. 
And  it  was  because  I  placed  myself  on  the  great  principles  of 
nationality,  because  I  had  defied  faction  and  fanaticism  in  the 
South,  as  I  defy  faction  and  fanaticism  in  the  North,  against 
their  aggressions  and  designs  on  the  Constitution  and  the 
Union,  that,  perhaps,  an  attempt  is  now  made  to  arraign  me 
before  the  Congress  of  the  United  States,  and  before  the 
people  of  Texas,  on  the  ground  that  I  am  a  national  man. 
Why,  sir,  I  have  gone  through  the  trial.  I  defied  the  issue. 
I  have  met  those  who  met  me  upon  it.  I  am  going  home  on 
the  same  principles  to  appeal  for  the  Constitution  and  the 
Union,  for  the  rights  of  the  States  and  the  equality  of  the 
people,  for  the  doctrine  of  the  Kentucky  and  Virginia  Resolu 
tions  of  1798-99,  and  Mr.  Madison's  report  on  them;  for  all 
that  is  right  and  all  that  is  just,  against  the  demoralizing 
doctrines  of  filibusters,  and  against  the  dangerous  heresies  of 
reopening  the  slave-trade.  I  never  dodged  an  issue;  and  if 
my  whole  heart  could  be  exposed  to  the  people  of  the  Union,  it 
would  be  seen  that  I  never  dodged  an  issue  in  my  life.  If  I 
cannot  remain  in  public  life  as  a  patriot,  I  am  always  prepared 
to  go  into  private  life  as  an  honest  man,  entertaining  no  opinion 
that  is  not  faithful  to  the  Union,  faithful  to  the  rights  of  the 
South,  faithful  to  the  rights  of  the  people,  faithful  to  the  oath 
that  I  have  taken  to  support  the  Constitution,  faithful  to  all  my 
obligations  as  a  citizen  of  this  country.  I  do  not  love  public 
life ;  and  I  would  scorn  it  whenever  it  is  to  be  held  by  a  sacrifice 
of  that  manly  dignity  which  ought  to  envelop  every  American 
freeman.  I  denounce  fanaticism  in  the  South  with  the  same 
distinctness  that  I  denounce  the  fanaticism  of  abolitionism  in 
the  North.  They  are  both  heresies.  They  are  alike  dangerous 
to  the  Constitution  and  the  Union ;  alike  dangerous  to  the 
mission  of  this  great  and  glorious  Republic;  alike  opposed  to 
every  noble  aspiration  of  an  American  statesman  and  patriot. 
Let  combinations  be  made  to  put  me  down.  I  defy  them.  I 
go  before  an  honest  people,  who  can  afford  to  let  their  Repre 
sentative  be  an  honest  man,  and  express  patriotic  sentiments. 
Let  them  put  me  down,  if  they  dare.  I  defy  them  to  the  issue. 


CHAPTER  VII 
REELECTION  TO  CONGRESS 

The  address  given  in  the  preceding  chapter  caused  very 
bitter  denunciation  of  me  by  the  leading  newspapers  of  the 
State,  such  as  the  Galveston  News,  the  Houston  Telegraph, 
the  State  Gazette  of  Austin,  and  the  Marshall  Republican; 
in  fact,  by  nearly  all  the  newspapers  of  the  State  and  by 
nearly  all  the  active  politicians.  There  were  but  three  weekly 
papers,  so  far  as  I  know,  that  sustained  me,  and  two  of  these 
gave  but  a  qualified  support.  With  the  exception  of  Hon. 
G.  W.  Smyth  of  Jasper  and  Hon.  R.  B.  Hubbard  of  Smith 
County,  I  did  not  know  of  a  man  in  active  political  life  in 
the  State  that  was  not  opposed  to  my  views.  Besides 
charging  me  with  being  too  national  to  be  a  proper  repre 
sentative  of  a  Southern  constituency,  the  abuse  of  me  was 
so  personal  and  so  vile  that  when  I  read  it  in  the  newspapers 
I  would  burn  them  to  keep  my  wife  from  seeing  what  was 
said  about  me.  She  had  opposed  my  acceptance  of  the  nomi 
nation  for  Congress  the  first  time,  and  wished  me  to  abandon 
political  life.  Among  other  things  it  was  argued  that  I 
declined  to  be  a  candidate  for  reelection  because  I  knew  I 
could  not  be  elected. 

After  bearing  in  silence  these  attacks  as  long  as  I  could, 
I  took  a  few  of  the  newspapers  containing  them,  marked  the 
articles  and  asked  my  wife  to  read  them,  so  as  to  advise  me 
on  my  return  in  the  evening  as  to  what  I  ought  to  do.  On 
my  return  I  found  her  very  much  excited,  and  she  urged 
that  I  ought  to  become  a  candidate,  if  I  resigned  as  soon  as 
elected.  I  told  her  that  with  her  consent  I  would  enter  the 
race  not  to  resign,  for  I  could  scarcely  hope  to  beat  all  the 


REELECTION    TO    CONGRESS  73 

politicians  and  all  the  newspapers.  But,  at  least,  I  added,  I 
could  fight  my  adversaries,  and  I  thought  I  could  do  some 
thing  toward  impressing  sound  political  morality  on  the 
public  mind.  I  accordingly  announced  myself  as  a  candidate 
for  reelection  to  Congress,  subject  to  the  action  of  the  Demo 
cratic  convention. 

Entering  on  the  canvass,  I  had  from  two  to  five  speakers 
opposed  to  me  at  all  my  appointments,  before  the  nominat 
ing  convention  met.  The  principal  points  they  made  against 
me  were :  ( i )  That  I  was  too  national  in  my  views  to  be  a 
fit  Representative  of  our  district;  (2)  that  I  was  opposed 
to  filibustering  and  reopening  the  African  slave-trade.*  To 
these  charges  my  reply  was,  that  I  was  in  favor  of  the 
preservation  of  the  Union  under  the  Constitution  as  made 
by  the  fathers,  and  that  I  was  opposed  to  the  Abolitionists 
of  the  North  and  to  the  Secessionists  of  the  South;  that  I 
was  opposed  to  filibustering  because  we  would  not  be  justi 
fied  in  morals  or  in  law  in  making  war  on  and  murdering 
and  robbing  people  who  had  done  us  no  harm,  as  a  matter 
of  political  policy ;  that  I  was  opposed  to  the  African  slave- 
trade,  independently  of  any  question  of  morality,  because 
the  United  States  had  treaty  engagements  with  a  number 
of  great  nations,  prohibiting  that  trade,  and  it  could  not  be 
revived  without  violating  our  treaty  obligations,  and  prob 
ably  involving  us  in  a  war  with  the  other  great  nations; 
and  because  a  majority  of  the  people  of  the  United  States 
were  opposed  to  it;  and  because  it  was  impracticable,  un 
reasonable,  unjust,  and  unstatesmanlike. 

Notwithstanding  such  formidable  opposition  as  I  had  to 
meet,  wherever  I  discussed  these  issues  before  the  people  I 
saw  and  knew  as  well  as  if  I  had  been  down  among  them, 
that  the  most  of  them  agreed  with  me.  When  the  conven 
tion  met,  it  nominated  me  on  the  first  ballot  by  a  majority  of 
about  three-fourths.  The  other  one-fourth  bolted  and  nomi- 


*The  State  convention  had  voted  down  a  resolution  in  favor  of  fili 
bustering  and  the  reopening  of  theAfrican  slave-trade. 


74  MEMOIRS   BY   JOHN    H.    REAGAN 

nated  an  able  and  eloquent  man,  Judge  Wm.  B.  Ochiltree,  an 
extreme  "Southern  Rights"  man.  The  result  was  that  I 
defeated  him  by  one  of  the  largest  majorities  that  any  candi 
date  for  Congress  ever  got  in  the  State.  During  that  canvass 
I  gave  to  the  public  a  circular  letter,  from  which  I  quote  the 
following  extract,  illustrative  of  my  views  : 

These  doctrines  of  filibustering  and  the  reopening  of  the 
African  slave-trade  are  chosen  as  those  best  calculated  to  secure 
the  execution  of  their  designs,  because  they  appeal  directly  to 
the  bad  passions  most  easily  awakened,  and  most  difficult  to 
reason  with,  those  by  which  the  people  are  encouraged  to  believe 
they  are  to  be  enriched  suddenly  and  without  patient  toil,  which 
has  heretofore  been  regarded  as  necessary  to  secure  wealth. 
These  doctrines  are  not,  and  are  not  intended  to  be  Democratic ; 
but  they  are,  and  intended  to  be  purely  sectional  and  revolu 
tionary.  And  I  appeal  to  the  Democracy  of  Texas,  in  the  name 
of  the  Constitution  and  the  Union,  in  the  name  of  the  rights  of 
the  States  and  the  liberties  of  the  people,  in  the  name  of  law  and 
order,  in  the  name  of  good  government  and  sound  morals,  and 
for  the  happiness  of  our  people  and  perpetuation  of  our  insti 
tutions  to  sustain  the  old,  the  pure,  the  time-honored  doctrines 
of  our  party ;  and  put  down  these  sectional  and  revolutionary 
doctrines.  I  know  those  who  favor  these  doctrines  will  apply 
to  me  their  cant  expressions  of  submissionist !  Submission  to 
what?  To  be  happy  in  a  good  government  and  obedient  to 
just  laws,  and  observant  of  sound  morals?  Certainly  to  these 
I  submit.  But  I  shall  be  called  a  Union  saver,  and  charged 
with  yielding  to  Northern  aggression  and  surrendering  the 
rights  of  the  South.  But  no  act,  no  vote,  no  speech  of  my  life 
will  warrant  this.  I  have  seen  and  understood  the  baleful 
effects  of  the  sectional  and  revolutionary  doctrines  of  the  Abo 
litionists  of  the  North,  and  have  resisted  and  denounced  them 
whenever  and  wherever  I  could  do  so.  And  I  have  often 
declared,  and  now  repeat  the  declaration,  that  if  they  obtain 
the  power  to  do  so,  and  so  attempt  to  abridge  the  constitutional 
rights  of  the  States,  or  deprive  the  people  either  in  the  States 
or  the  Territories  of  their  constitutional  rights,  I  would  regard 
it  as  an  act  of  revolution,  and  appealing  to  the  first  great  law 
of  nature,  the  law  of  self-preservation,  I  would  urge  the  States 
to  fall  back  on  their  sovereignty,  and  resist  the  power  of  the 
usurpation  by  every  means  necessary  to  secure  their  rights. 


REELECTION    TO    CONGRESS  75 

The  Abolitionists  are  a  sectional,  a  revolutionary,  and  fanatical 
party  who  have  no  respect  for  the  Constitution  and  laws  of  our 
country  or  for  the  rights  of  their  fellow-men.  Our  Southern 
agitators  are  alike  sectional  and  revolutionary,  and  are  now 
beginning  in  their  meetings  and  speeches  to  show  the  same 
disregard  for  the  Constitution  and  laws,  and  the  same  dispo 
sition  to  violate  the  rights  of  others.  Both  claim  rights  superior 
to  the  Constitution  and  laws  of  the  land,  and  claim  the  right 
to  invade  other  people  and  despoil  them  of  their  property  at 
whatever  expense  of  human  life  and  suffering.  I  denounce 
and  defy  them  both,  and  appeal  to  the  people  to  arrest  the 
lawless  career  of  each  of  them  and  restore  our  country  to  its 
former  security.  We  expect  Northern  and  Northwestern 
Democrats  to  resist  the  Northern  sectionalism  at  whatever  cost 
to  themselves.  They  respond  like  pure  patriots  to  our  expecta 
tion,  and  often  fight  the  most  hopeless  battles  for  the  Constitu 
tion  and  the  Union.  We  admire  their  self-sacrificing  patriot 
ism,  and  glory  in  their  illustration  of  the  pure  principles  of 
Democracy,  and  in  that  sublime  grandeur  of  faithful  integrity 
and  moral  courage  which  enables  them  to  fight  a  hopeless  battle 
bravely  and  meet  defeat  and  proscription  without  a  murmur, 
for  the  sake  of  maintaining  such  a  government  and  such  insti 
tutions  as  ours.  And  now  that  the  sectional  storm  lowers  here ; 
now  that  sectionalism  requires  its  victims  here,  who  will  go 
with  me  to  the  sacrificial  altar  if  need  be  ?  Who  will  prove  with 
me  that  the  Democrats  in  the  South  are  as  ready  to  make  the 
sacrifices  which  we  expect  the  Democrats  in  the  North  to  make  ? 
I  know  not  what  others  may  do,  I  only  speak  for  myself ;  I 
will  maintain  the  Constitution  and  laws  of  my  country.  I  will 
maintain  the  moral  law  and  the  principles  of  justice.  I  will 
maintain  the  rights  of  the  States  and  the  liberties  of  the  people. 
I  will  maintain  the  principles  of  economy  in  public  expenditures 
and  a  strict  accountability  of  all  public  officials.  I  will  maintain 
the  principles  of  the  Democratic  party  in  the  construction  of 
the  Constitution,  the  powers  of  Congress,  and  the  reserved 
rights  of  the  States.  I  will  resist  sectionalism  and  revolution 
and  fraud  and  force  and  wrong  alike  faithfully,  whether  they 
come  from  the  North  or  from  the  South. 

I  remained  thus  devoted  to  the  Union  until  the  Republican 
party  obtained  the  control  of  the  government  and  answered 
our  appeals  for  the  protection  afforded  by  the  Constitution, 


76  MEMOIRS    BY   JOHN    H.    REAGAN 

by  saying  they  were  in  the  majority  and  that  we  had  to 
submit;  thus  proposing  to  substitute  the  will  of  a  popular 
majority  of  the  people  of  the  Union  for  the  Constitution 
of  the  United  States,  with  its  limitations  on  the  powers  of 
the  Federal  Government.  I  loved  the  American  Union  with 
a  passionate  devotion,  and  witnessed  with  an  aching  heart 
the  unjust  and  unconstitutional  crusade  which  led  to  dis 
union  and  war. 

On  the  assembling  of  the  36th  Congress  in  December, 
1859,  a  serious  contest  occurred  in  the  attempt  to  elect  a 
Speaker  of  the  House  of  Representatives.  The  membership 
of  the  House  was  made  up  of  three  parties,  the  Republican, 
the  Democratic,  and  the  Know-Nothing  or  American.  This 
situation  was  further  complicated  by  the  division  of  the 
Democrats  into  extreme  States'  Rights  or  Breckinridge,  and 
the  Squatter  Sovereignty  or  Douglas  Democrats.  Neither 
party  had  a  majority.  The  Republicans  had  a  plurality,  but 
not  enough  to  elect.  The  Breckinridge  Democrats  embraced 
the  great  body  of  that  party. 

On  the  first  vote  for  Speaker,  Thomas  S.  Bocock,  Demo 
crat,  received  86  votes ;  John  Sherman,  Republican,  66  votes ; 
Galusha  Grow,  Republican,  43  votes ;  Thomas  A.  R.  Nelson, 
American,  14  votes.  The  remaining  votes  scattered.  On 
the  second  ballot,  Mr.  Sherman  received  107  votes;  Mr. 
Bocock,  88 ;  Mr.  Gilmer,  22 ;  the  balance  scattering.  On  the 
third  ballot,  Mr.  Sherman  received  no  votes;  Mr.  Bocock, 
88;  Horace  Clark,  Douglas  Democrat,  20.  On  the  fourth 
ballot,  Mr.  Sherman  received  108  votes;  Mr.  Bocock,  86 
votes;  Mr.  Gilmer,  American,  22. 

After  the  balloting  for  Speaker  had  continued  one  week, 
it  was  found  that  Mr.  Bocock  could  not  be  elected  and  he 
withdrew  his  name  as  a  candidate  for  that  office.  Late  on 
Saturday  evening,  a  committee  composed  principally  of 
Democratic  members,  with  Hon.  John  A.  Gilmer  of  North 
Carolina,  as  their  spokesman,  called  on  me  at  my  hotel  and 
informed  me  that  a  meeting  had  been  held  at  which  it  was 


REELECTION    TO    CONGRESS  77 

determined,  if  I  would  consent,  to  put  me  in  nomination  for 
the  Speakership  of  the  House,  on  the  coming  Monday.  I 
stated  to  them  that  I  had  not  such  a  national  reputation  as 
to  warrant  my  selection  for  that  position;  that  while  I  had 
some  parliamentary  experience,  I  had  never  made  a  study 
of  parliamentary  law  and  rules;  that  if  I  were  nominated 
and  elected  on  party  lines  I  would  be  a  minority  Speaker 
and  would  be  likely  to  be  overruled  at  any  time;  and  that 
for  these  reasons  I  should  have  to  decline. 

On  Monday  morning  I  met  the  Hon.  Horace  Clark,  who 
was  a  Representative  from  New  York  City,  in  the  cloak  room, 
before  the  House  was  called  to  order.  He  stated  to  me  what 
he  understood  had  occurred  at  the  conference  in  my  room  on 
the  previous  Saturday  evening;  and  that  while  he  did  not 
wish  me  to  understand  that  he  proposed  a  bargain,  if  I  would 
agree  to  constitute  the  Committee  on  Territories  with  a 
majority  of  Douglas  Democrats,  and  make  him  chairman  of 
the  Committee  on  Commerce,  I  could  be  elected  Speaker  by 
eight  majority  on  the  first  ballot.  I  stated  to  him  that  I  did 
not  agree  with  the  views  of  Senator  Douglas  as  to  the  powers 
of  Congress  or  a  territorial  legislature  to  exclude  slavehold 
ers  from  the  Territories,  the  common  property  of  all,  while 
in  a  territorial  condition,  and  had  taken  this  position  in  the 
debates  in  the  House ;  and  that  to  constitute  a  committee  in 
opposition  to  my  known  views  would  subject  me  to  criticism. 
"And,"  I  added,  "while  you  know  my  feelings  of  friendship, 
if  by  any  chance  I  had  been  elected  Speaker,  there  was  no 
one  whom  I  would  have  been  more  likely  to  appoint  to  the 
position  you  mentioned  than  yourself;  now,  however,  after 
this  conversation,  if  I  should  be  elected  Speaker,  I  could  not 
make  the  appointment." 

After  I  took  my  seat  on  the  floor  of  the  House,  the  Hon. 
James  L.  Pugh,  a  Representative  from  Alabama,  lately  a 
Senator  in  Congress,  and  now  a  resident  of  Washington, 
D.  C,  and  the  Hon.  Lawrence  M.  Keitt,  a  Representative 
from  South  Carolina,  came  to  me  and  stated  what  they  had 


78  MEMOIRS    BY    JOHN    H.    REAGAN 

learned  of  the  conversation  between  Mr.  Clark  and  myself, 
which  they  must  have  learned  from  Clark  himself,  and 
advised  me  to  accept  his  proposition,  saying  that  if  I  did  the 
Democrats  would  have  control  of  all  the  committees  but  one. 
I  suggested  that  if  the  knowledge  of  such  a  proposition 
should  go  to  the  country  it  would  be  condemned  by  the 
Democracy.  With  the  votes  of  the  Breckinridge  Demo 
crats,  aided  by  the  members  of  the  American  party,  repre 
sented  by  Gilmer,  and  of  the  Douglas  Democrats,  represented 
by  Clark,  I  suppose  my  election  would  have  been  certain. 
And  it  was  not  until  the  first  day  of  February  that  an  end 
came  to  the  struggle  in  the  election  of  the  Hon.  William 
Pennington  of  New  Jersey.  Thus  passed  the  possibility  of 
my  being  the  recipient  of  this  high  honor. 

In  due  course  I  introduced  bills  to  make  an  appropriation 
for  the  support  of  a  mounted  regiment  of  volunteers  for  the 
defense  and  protection  of  the  Texas  frontier;  and  to  reim 
burse  the  State  of  Texas  for  money  theretofore  paid  out  by 
that  State  for  frontier  defense.  Later  I  introduced  a  joint 
resolution  reciting  Mexican  and  Indian  depredations  on  the 
people  of  the  Rio  Grande  frontier,  and  providing  an  appro 
priation  of  $5,000,000  to  be  placed  at  the  disposition  of  the 
President  to  assure  the  safety  of  that  quarter. 

The  most  important  matter  which  came  before  this  Con 
gress,  apart  from  the  sectional  agitation,  was  the  Pacific 
Railroad  Bill.  After  examining  it  I  felt  obliged  to  oppose 
its  passage  in  the  form  in  which  it  was  presented,  because 
under  its  provisions  men  without  investing  a  dollar  could 
control  the  stock  of  the  company  and  thereby  enrich  them 
selves  at  the  expense  of  the  corporation,  and  before  the  work 
on  the  road  was  begun.  I  offered  an  amendment  providing, 
among  other  things,  that  in  any  incorporation  of  the  stock 
holders  of  said  company,  to  carry  out  the  provisions  of  this 
act,  no  person  should  be  permitted  to  subscribe  stock  to  a 
greater  amount  than  the  cash  value  of  his  estate,  to  be  deter 
mined  by  the  parties  named  in  the  act,  or  by  the  board  of 


REELECTION    TO    CONGRESS  79 

directors  as  the  case  might  be,  by  oath  or  otherwise;  and 
providing  for  a  board  of  directors  who  should  succeed  the 
stockholders  in  the  management  of  the  company;  and  open 
stock  books,  the  share  to  be  $100;  and  that  no  one  person 
or  firm  should  be  allowed  to  subscribe  for  more  than 
$500,000  of  the  stock,  and  that  five  per  cent,  of  the  stock 
so  subscribed  should  be  paid  in  cash  to  the  company  at  the 
time  of  taking  the  stock. 

I  discussed  the  provisions  of  the  bill  at  great  length,  and 
among  other  things  said : 

I  have  adopted  in  my  substitute  the  names  embraced  in  the 
original  bill  (of  stockholders) .  I  have  not  intended  to  interfere 
with  objects  of  the  committee  in  framing  the  bill,  except  to 
adopt  a  new  principle  of  action  with  regard  to  the  persons  who 
shall  have  the  future  control  of  the  road.  I  submit  the  amend 
ment  in  good  faith,  and  I  believe  it  is  founded  on  principles  that 
will  commend  themselves  to  the  whole  House.  Of  course  it 
will  be  understood  that  if  a  railroad  bill  is  to  pass  for  the  con 
struction  of  only  one  road,  I  should  desire  to  see  that  road  go 
over  what  is  called  the  southern  route,  believing  it,  as  I  do,  the 
cheapest  road  to  build,  the  one  that  would  pay  best  after  it  was 
built,  and  one  which,  on  account  of  it  not  being  blocked  by 
snows  in  winter,  would  extend  more  accommodation  than  any 
other  to  the  whole  nation.  I  have  not  made  an  amendment 
proposing  the  southern  route — my  colleague  has  already  offered 
an  amendment  for  that  purpose. 

In  this  same  speech  I  said : 

I  will  state  some  of  the  reasons  which  have  induced  me  to 
adopt  this  course.  The  committee's  bill  invests  arbitrarily  and 
absolutely,  in  the  particular  persons  whom  they  have  entrusted, 
the  franchises  of  this  great  work,  the  control  of  the  work. 
The  public  lands,  and  the  government  subsidies,  are  given  to 
them,  and  the  control  and  direction  of  the  private  capital  which 
may  be  invested  for  the  purpose  of  completing  the  work.  We 
have  no  means  of  knowing  whether  the  men  the  committee 
have  selected  are  railroad  men,  or  men  of  character  and  means. 
I  do  not  know  but  they  may  be  men  of  the  strictest  probity.  I 
presume  they  have  been  selected  because  they  are;  but  there 


80  MEMOIRS    BY   JOHN    H.    REAGAN 

exists  no  reason,  if  this  corporation  shall  prove  beneficial  to 
themselves,  why  these  franchises  should  vest  in  them  exclu 
sively  more  than  in  any  other  set  of  men.  It  is  not  known 
that  they  will  invest  one  dollar  of  their  own  capital  in  this 
enterprise;  and  if  they  invest  anything,  it  is  not  known  how 
much.  Others  may  furnish  the  entire  private  capital  for  carry 
ing  on  the  work,  but  still  the  entire  control  of  the  enterprise  is 
vested  in  these  particular  men,  without  reference  to  the  interests 
of  the  Government,  without  reference  to  the  interests  of  com 
merce,  and  without  reference  to  the  private  capital  employed 
in  the  construction  of  the  work.  Now,  what  I  propose  to  do  is, 
not  to  defeat  the  plan  of  the  committee,  but  rather  to  carry  it 
out.  My  proposition  is,  to  vest  these  franchises  not  in  men 
who  are  not  stockholders  of  the  concern,  but  in  those  men  who 
pay  their  own  money  for  the  purpose  of  securing  the  success 
of  the  enterprise. 

Again  I  said : 

The  great  object  of  this  amendment  is  to  adopt  what  I  regard 
as  a  sound  policy  in  respect  to  the  rights  and  powers  to  be 
vested  in  the  corporators,  and  in  respect  to  having  the  fran 
chises  of  the  work  placed  in  the  hands  of  men  who  furnish  the 
capital.  I  desire  to  avoid  those  speculative  influences  which 
have  prevented  the  success  of  at  least  one  important  railroad 
enterprise  within  my  knowledge,  by  the  control  being  placed  in 
the  hands  of  men  who  have  no  money  to  invest,  and  whose 
whole  object  is  to  make  a  speculation  out  of  the  charter. 

The  measure,  somewhat  amended,  was  eventually  passed ; 
and  its  corrupt  history  proved  that  I  was  right  in  opposing  it. 

My  speech  delivered  in  Congress  on  the  I5th  of  January, 
1 86 1,  sets  out  fully  the  reasons  why  I  could  not  remain  in 
that  body.  It  was  intended  to  show  how  fully  and 
clearly  the  Southern  members  of  Congress,  and  the  Southern 
people,  realized  the  trouble  likely  to  follow  the  success  of 
abolitionism  and  the  precipitation  of  the  "irrepressible  con 
flict."  This  speech  was  made  without  previous  special 
preparation  or  notes  and  was  printed  without  being  revised 
by  me,  and  tens  of  thousands  of  copies  of  it  were  subscribed 


REELECTION    TO    CONGRESS  81 

for  and  circulated  by  Senators  and  Representatives.  It  was 
made  in  reply  to  the  speeches  of  my  friends  McClernand  of 
Illinois,  and  Cox,  then  of  Ohio.  I  said  among  other  things : 
"These  two  gentlemen  have  been  recognized  as  able  leaders 
of  the  States'  Rights  and  strict  construction  Democracy,  but 
now  when  our  devotion  to  those  doctrines  is  to  be  main 
tained  by  a  severer  test,  they  abandon  them  and  become 
a  tail  to  the  abolition  kite."  Before  I  left  the  hall  Mr.  Cox 
came  to  me  with  the  words,  "What  you  said  about  McCler 
nand  and  myself  was  very  bad  and  I  wish  you  would  strike 
it  out  of  the  Record."  To  this  I  answered, — for  I  entertained 
a  very  strong  friendship  for  both  of  them, — "As  we  shall 
probably  never  meet  again  unless  it  is  on  the  battlefield,  I 
will  strike  it  out,"  and  I  went  to  the  reporter  and  requested 
him  to  omit  this  statement  from  the  Record. 

I  saw  Mr.  Cox  no  more  until  during  the  National  Demo 
cratic  Convention  which  met  in  Baltimore  in  1872,  when 
Horace  Greeley  was  nominated  for  the  Presidency.  He  left 
his  seat  with  the  New  York  delegation  and  came  to  where  I 
sat  with  the  Texas  delegates,  and  as  he  approached  me,  ex 
tended  his  hand  and  said,  "I  examined  the  Record  the  next 
morning  and  you  had  struck  it  out." 

We  served  together  in  the  House  several  years  after  the 
war,  and  kept  up  an  occasional  correspondence  to  the  time 
of  his  death,  as  good  friends;  and  I  learned  after  being 
liberated  from  prison  at  Fort  Warren,  that  General  McCler 
nand  had  twice  visited  Washington  in  his  endeavor  to  secure 
my  release;  and  we,  too,  kept  up  an  occasional  correspond 
ence  as  long  as  he  lived,  and  were  strong  personal  friends. 
I  put  him  in  nomination  for  Speaker  of  the  House  in  the 
46th  Congress. 

I  showed,  too,  in  my  speech  of  January  15,  that  the  people 
of  the  South  desired  the  perpetuation  of  the  Union  and  the 
preservation  of  peace  if  these  could  be  had  under  conditions 
which  would  maintain  the  rights  of  the  States  and  of  the 
people.  Up  to  this  time  I  had  been  an  ardent  Unionist, 


82  MEMOIRS    BY   JOHN    H.    REAGAN 

denouncing  all  schemes  and  views  favoring  its  disruption, 
whether  they  came  from  the  North  or  the  South.  But  when 
we  were  told  that  we  must  submit  to  the  violation  of  the 
Constitution,  the  overthrow  of  the  rights  of  the  States  and 
the  destruction  of  three  thousand  million  dollars  worth  of 
property  in  slaves, — property  recognized  by  the  Constitu 
tion,  Federal  and  State  laws,  and  by  the  decisions  of  the 
Supreme  Court  of  the  United  States, — I  could  no  longer 
agree  to  such  a  Union,  and  determined  to  join  in  any  measure 
which  might  defeat  it. 

The  student  of  history  may  find  it  interesting  now,  in  the 
light  of  the  past,  to  read  this  speech,  which  is  reprinted  in 
another  part  of  this  work.*  If  it  is  found  to  be  defective  in 
point  of  composition,  I  ask  that  it  be  remembered  that  it  was 
an  extemporaneous  address,  delivered  without  notes,  and  not 
revised. 


*See  Appendix  A. 


CHAPTER  VIII 
CAUSES  OF  THE  WAR  BETWEEN  THE  STATES 

This  question  cannot  be  fairly  discussed  without  a  refer 
ence  to  historical  facts  more  or  less  remote.  George 
Bancroft,  in  his  History  of  the  United  States  (Vol.  I,  p. 
159)  says  :  "Slavery  and  the  slave-trade  are  older  than  the 
records  of  human  society:  they  are  found  to  have  existed 
wherever  the  savage  hunter  began  to  assume  the  habits  of 
pastoral  or  agricultural  life ;  and,  with  the  exception  of  Aus 
tralasia,  they  have  extended  to  every  part  of  the  globe.  They 
pervaded  every  nation  of  civilized  antiquity." 

Slavery  existed  among  the  Egyptians,  the  Hebrews,  the 
Babylonians,  the  Phoenicians,  the  Greeks,  the  Romans,  and, 
until  later  years,  in  every  modern  civilized  nation  on  earth. 
At  the  time  it  was  planted  in  the  American  colonies  it  was 
justified  by  the  priesthood  on  the  ground  that  it  was  taking 
the  Africans  from  a  condition  of  barbarism  and  cannibalism 
to  where  they  could  learn  useful  vocations,  the  methods  of 
civilized  life,  and  something  of  the  Christian  religion. 
Slavery  was  introduced  into  the  American  colonies  long 
before  the  American  Revolution  by  the  people  and  crowned 
heads  of  Great  Britain,  France  and  Spain,  and  by  the  Dutch 
merchants.  At  the  date  of  the  Declaration  of  Independence, 
African  slavery  existed  in  all  the  colonies;  and  at  the 
adoption  of  the  Constitution,  in  all  the  States  but  Massa 
chusetts.  The  Constitution  of  the  United  States,  devised 
by  the  patriotic  fathers,  who,  by  their  skill,  courage  and 
endurance  won  our  independence,  contained  the  following 
provision  on  that  subject : 


84  MEMOIRS    BY    JOHN    H.    REAGAN 

Representatives  and  direct  taxes  shall  be  apportioned 
among  the  several  States  which  may  be  included  within  this 
Union,  according  to  their  respective  numbers,  which  shall  be  de 
termined  by  adding  to  the  whole  number  of  free  persons,  includ 
ing  those  bound  to  service  for  a  term  of  years,  and  excluding 
Indians  not  taxed,  three-fifths  of  all  other  persons. 

The  same  article  further  provides  that : 

The  migration  or  importation  of  such  persons  as  any  of  the 
States  now  existing  shall  think  proper  to  admit,  shall  not  be 
prohibited  by  the  Congress  prior  to  the  year  one  thousand  eight 
hundred  and  eight ;  but  a  tax  or  duty  may  be  imposed  on  such 
importation,  not  exceeding  ten  dollars  for  each  person. 

Thus  was  provision  made  for  a  continuance  of  the  slave- 
trade  for  twenty  years  after  the  adoption  of  the  Constitution. 
Another  clause  reads : 

No  person  held  to  service  or  labor  in  one  State,  under  the 
laws  thereof,  escaping  into  another,  shall,  in  consequence  of 
any  law  or  regulation  therein,  be  discharged  from  such  service 
or  labor,  but  shall  be  delivered  up  on  claim  of  the  party  to 
whom  such  service  or  labor  may  be  due. 

This  was  clearly  intended  to  give  the  sanction  of  the 
Constitution  to  the  right  of  the  owner  of  slaves  to  recapture 
them  if  they  escaped  and  to  control  their  persons  and  labor. 
I  quote  these  clauses  of  the  Constitution  to  show  that  the 
institution  of  African  slavery  was  recognized  by  it  as  lawful, 
and  was  protected  specially  by  its  terms ;  and  for  the  further 
purpose  of  showing  that  if  slavery  was  a  sin  it  was  a  national 
sin,  and  that  the  whole  nation  was  responsible  for  its  exist 
ence,  and  that  if  the  Constitution  had  permitted  it  to  be 
abolished  it  should  have  been  done  at  the  cost  of  the  nation. 
But,  in  fact,  the  Congress  had  no  power,  under  the  Consti 
tution,  to  abolish  it.  It  had  always  been  treated  as  a  domestic 
and  local  institution,  which  the  several  States  might  abolish 
or  retain,  independently  of  the  power  of  Congress;  and  it 
had  been  abolished  by  a  number  of  States. 


CAUSES    OF    THE    WAR    BETWEEN    THE    STATES  85 

It  must  be  understood  that  I  am  not  discussing  the  ques 
tion  of  whether  slavery  was  right  or  wrong;  and  certainly 
not  with  a  view  to  its  revival ;  but  some  consideration  of  the 
legal  status  of  the  institution  must  of  necessity  precede  what 
I  shall  say  about  the  war  between  the  States,  and  is  essential 
to  a  fair  and  just  understanding  of  the  causes  of  that  great 
struggle. 

As  time  wore  on  the  people  of  the  Northern  States  found 
slavery  to  be  unprofitable  and  sold  their  negroes  to  the 
planters  of  the  South,  where  they  could  be  more  profitably 
used  on  the  cotton,  tobacco,  and  sugar  plantations.  Subse 
quent  to  the  American  and  French  Revolutions,  the  opinions 
of  the  people  of  western  Europe  and  of  the  United  States 
changed  on  the  subject  of  slavery,  and  Great  Britain  and 
France  freed  their  slaves  in  the  West  India  islands;  and 
these  islands  have  ever  since  remained  in  a  chronic  condition 
of  revolution. 

The  slavery  question  early  began  to  be  discussed  in  the 
United  States,  and  anti-slavery  societies  were  formed;  and 
societies  for  the  colonizing  of  negroes  in  Africa  were  or 
ganized  especially  in  the  Southern  States.  A  few  persons 
manumitted  their  slaves,  mostly  in  the  South,  and  in  a  few 
instances  they  were  to  be  made  free  at  a  certain  age.  The 
agitation  of  the  question  soon  assumed  a  sectional  character 
and  brought  about  a  more  or  less  violent  agitation.  This 
caused  Northern  politicians  to  seize  upon  it  as  a  means  of 
obtaining  popular  favor,  and  caused  the  people  of  the  South 
to  cease  the  discussion  of  the  question  except  to  defend  it. 
There  was  indulged  much  unreasoning  fanaticism  by  the 
enemies  of  slavery  following  this,  and  the  agitation  pro 
duced  sectional  parties  North  and  South,  and  became  a  real 
danger  to  the  Union.  It  should  be  borne  in  mind  that  in 
the  discussion  of  this  question,  the  abstract  right  of  man  to 
personal  liberty  was  substantially^  the  only  question  con 
sidered.  The  Abolitionists  would  not  discuss  the  question 
of  race  or  its  fitness  and  capacity  for  civilization  and  self- 
government. 


86  MEMOIRS    BY    JOHN    H.    REAGAN 

In  1856  the  anti-slavery  men  were  organized  into  a  sec 
tional  political  party  and  nominated  John  C.  Fremont  of 
California  for  President,  and  William  L.  Dayton  of  New 
Jersey  for  Vice-President.     These  candidates  received  114 
electoral  votes,  all  from  Northern  States ;  while  James  Buch 
anan  of  Pennsylvania  and  John  C.  Breckinridge  of  Ken 
tucky,  the  Democratic  candidates,  received  174,  and  were 
elected.     Encouraged  by  this  evidence  of  strength,  in  1860 
the  anti-slavery  party  nominated  Abraham  Lincoln  of  Illi 
nois   for   President  and   Hannibal   Hamlin   of   Maine   for 
Vice-President ;  and  this  ticket  secured  exclusively  from  the 
Northern  free  States  180  votes,  and  was  elected,  John  C. 
Breckinridge  receiving  72  electoral  votes,  John  Bell  39,  and 
Stephen  A.  Douglas  12  (though  he  received  a  very  large 
popular  vote) .    From  this  it  is  seen  that  the  slavery  question 
had  become  strictly  sectional,  as  between  the  North  and  the 
South.     During  the  struggle  over  the  fugitive  slave  law 
fourteen  of  the  Northern  States  had  passed  what  they  called 
"personal  liberty"  laws,  making  it  a  penal  offense  for  any 
officer  or  citizen  to  return  or  aid  in  returning  a  fugitive 
slave  to  his  master;  thus  attempting  to  nullify  the  provisions 
of  the  Constitution,  which  they  had  taken  an  oath  of  office 
to  support,  and  defying  the  acts  of  Congress  and  the  de 
cisions  of  the  Supreme  Court  of  the  United  States  on  this 
great  question.    And  here  I  quote  the  following  extract  from 
a  speech  delivered  by  the  Hon.  W.  H.  Seward,  in  the  city  of 
Boston  on  the  27th  of  August,  1860,  during  the  canvass  for 
President  and  Vice-President,  within  less  than  three  months 
of  the  time  at  which  Lincoln  and  Hamlin  were  elected  to 
the  positions  of  President  and  Vice-President  of  the  United 
States.     This  quotation  is  made  to  show  that  Seward,  one 
of  the  most  pronounced  leaders  of  the  Republican  party,  and 
Lincoln,  who  was  elected  President  by  that  party,  were  dis 
tinctly  committed  to  the  doctrine  that  there  was  a  higher 
law  than  the  Constitution  of  the  United  States,  on  which 
they  relied  to  secure  its  overthrow.     And  it  is  quoted  to 


CAUSES   OF   THE    WAR    BETWEEN    THE   STATES  87 

show  that  these  two  great  leaders  of  that  party  were  in  full 
harmony  of  view  with  the  members  of  the  State  legislatures, 
which  had  passed  the  "personal  liberty"  laws  to  nullify  the 
provisions  of  the  Constitution  and  laws,  and  the  decisions  of 
the  courts  on  this  subject.  Mr.  Seward  said : 

What  a  comment  upon  the  wisdom  of  a  man  is  given  in  this 
single  fact,  that  fifteen  years  only  after  the  death  of  John 
Quincy  Adams,  the  people  who  hurled  him  from  power  and 
from  place,  are  calling  to  the  head  of  the  nation,  to  the  very  seat 
from  which  he  was  expelled,  Abraham  Lincoln  [enthusiastic 
applause],  whose  claim  to  that  seat  is  that  he  confesses  the 
obligation  of  that  higher  law  [applause]  which  the  sage  of 
Quincy  proclaimed ;  that  he  avows  himself  for  weal  or  woe,  for 
life  or  death,  a  soldier  on  the  side  of  freedom  in  the  irrepressi 
ble  conflict  between  freedom  and  slavery  [prolonged  applause]. 
This,  gentlemen,  is  my  simple  confession.  I  desire,  now,  only 
to  say  that  you  have  arrived  at  the  last  stage  of  this  conflict, 
before  you  reach  the  triumph  which  is  to  inaugurate  this  great 
policy  into  the  Government  of  the  United  States.  But  let  not 
your  thoughts  and  expectations  be  confined  to  the  present  hour. 
I  tell  you,  fellow-citizens,  that  with  this  victory  comes  the  end 
of  the  power  of  slavery  in  the  United  States. 

And  I  make  the  following  quotation  from  the  speech  of 
Mr.  Chase,  delivered  before  the  Peace  Congress,  which 
assembled  in  Washington  City  on  the  6th  of  February,  1861. 
Among  other  things,  he  said : 

Aside  from  the  territorial  question — the  question  of  slavery 
outside  of  slave  States — I  know  of  but  one  serious  difficulty. 
I  refer  to  the  question  concerning  fugitives  from  service.  The 
clause  in  the  Constitution  concerning  this  class  of  persons  is 
regarded  by  almost  all  men,  North  and  South,  as  a  stipulation 
for  the  surrender  to  their  masters  of  slaves  escaping  into  free 
States.  The  people  of  the  free  States,  however,  who  believe 
that  slaveholding  is  wrong,  cannot  and  will  not  aid  in  the 
reclamation,  and  the  stipulation  becomes,  therefore,  a  dead 
letter.  You  complain  of  bad  faith,  and  the  complaint  is  re 
torted  by  denunciations  of  the  cruelty  which  would  drag  back 
to  bondage  the  poor  slave  who  has  escaped  from  it.  You, 


88  MEMOIRS    BY    JOHN    H.    REAGAN 

thinking  slavery  right,  claim  the  fulfilment  of  the  stipulation  ;  we, 
thinking  slavery  wrong,  cannot  fulfil  the  stipulation  without 
consciousness  of  participation  in  wrong.  Here  is  a  real  diffi 
culty,  but  it  seems  to  me  not  insuperable.  It  will  not  do  for  us 
to  say  to  you,  in  justification  of  non-performance,  "the  stipula 
tion  is  immoral,  and  therefore  we  cannot  execute  it";  for  you 
deny  the  immorality,  and  we  cannot  assume  to  judge  for 
you.  On  the  other  hand,  you  ought  not  to  exact  from  us  the 
literal  performance  of  the  stipulation  when  you  know  that  we 
cannot  perform  it  without  conscious  culpability.  A  true 
solution  of  the  difficulty  seems  to  be  attainable  by  regarding 
it  as  a  simple  case  where  a  contract,  from  changed  circumstances, 
cannot  be  fulfilled  exactly  as  made.  A  court  of  equity  in  such 
a  case  decrees  execution  as  near  as  may  be.  It  requires  the 
party  who  cannot  perform  to  make  compensation  for  non- 
appearance.  Why  cannot  the  same  principle  be  applied  to  the 
rendition  of  fugitives  from  service  ?  We  cannot  surrender — but 
we  can  compensate.  Why  not  then  avoid  all  difficulties  on  all 
sides  and  show  respectively  good  faith  and  good  will  by  pro 
viding  and  accepting  compensation  where  masters  reclaim 
escaping  servants  and  prove  their  right  of  reclamation  under 
the  Constitution?  Instead  of  a  judgment  for  compensation, 
determined  by  the  true  value  of  the  services,  and  let  the  same 
judgment  assure  freedom  to  the  fugitive.  The  cost  to  the 
national  treasury  would  be  nothing  in  comparison  with  the  evils 
of  discord  and  strife.  All  parties  would  be  gainers. 

Mr.  Chase  soon  afterward  was  made  Secretary  of  the 
Treasury  of  the  United  States  by  Mr.  Lincoln,  who  later 
elevated  him  to  the  Chief  Justiceship  of  the  Supreme  Court 
of  the  United  States.  His  speech  is  a  deliberate  statement, 
from  one  of  the  ablest  and  most  distinguished  men  of  the 
Republican  party,  that  they  repudiated  and  would  not 
comply  with  the  provision  of  the  Constitution  requiring  the 
rendition  of  fugitive  slaves.  He  says  that  "the  people  of 
the  free  States  believe  that  slaveholding  is  wrong,  and  will 
not  aid  in  their  reclamation,  and  the  stipulation  [of  the 
Constitution],  therefore,  becomes  a  dead  letter."  He  also 
says,  "You  [the  people  of  the  South]  ought  not  to  expect 
from  us  the  literal  performance  of  the  stipulation"  of  the 
Constitution.  The  compact  of  Union,  without  agreeing 


CAUSES    OF    THE    WAR    BETWEEN    THE    STATES  89 

to  which  the  Union  could  not  have  been  formed,  the  Con 
stitution  which  the  President,  the  Secretary  of  the  Treasury 
and  Chief  Justice  of  the  Supreme  Court  of  the  United 
States,  and  every  other  high  officer  of  the  United  States 
and  of  the  State  government  had  to  take  and  did  take  a 
solemn  oath  to  support,  was  disregarded,  along  with  the 
acts  of  Congress  and  the  decisions  of  the  highest  courts, 
because  of  the  modern  opinion  of  a  political  party,  that 
these  were  all  based  on  immorality.  Can  one  well  conceive 
of  a  more  dangerous  and  startling  excuse  for  violating  the 
fundamental  law,  destroying  the  social  and  industrial  system 
of  fifteen  States  of  the  Union,  and  the  sacrifice  of  three 
thousand  million  dollars  of  property  in  slaves? 

But  Mr.  Chase  proposed  to  substitute  for  the  provisions 
of  the  Constitution  a  compromise  by  paying  for  the  slaves. 
He  could  not  be,  and  was  not,  ignorant  of  the  fact  that  the 
members  of  his  party,  in  the  Congress  which  preceded  the 
election  of  Lincoln  as  President,  would  not  consent  even 
to  discuss  or  to  consider  the  question  of  paying  for  the 
liberation  of  the  slaves.  He  knew,  as  we  were  all  made  to 
know,  that  the  anti-slavery  party  had  not  the  most  remote 
intention  of  paying  for  them.  And  his  speech,  in  this  respect, 
was  but  the  pitiable  attempt  of  a  really  able  man  to  cover 
up  an  unconstitutional  proceeding  marked  by  all  the  badges 
of  hypocrisy  and  bad  faith. 

These  facts  show  that  Seward  and  Chase,  the  two  greatest 
leaders  of  a  great  and  then  dominant  political  party,  just 
entering  upon  the  control  of  the  Government  of  the  United 
States,  were  engaged  in  teaching  their  party  what  would 
appear  to  be  treason  by  a  palpable  and  intentional  over 
throw  of  the  Constitution,  a  nullification  of  the  acts  of 
Congress,  and  a  contemptuous  disregard  of  the  highest 
courts,  intending  to  change  the  character  of  the  Government 
by  revolutionary  methods. 

Mr.  Seward,  one  of  the  prominent  Republican  candidates 
for  the  Presidency,  and  one  of  the  most  influential  members 
of  that  party,  who  became  Secretary  of  State  under  Lincoln, 


90  MEMOIRS    BY   JOHN    H.    REAGAN 

had  declared  that  the  slavery  question  presented  an 
"irrepressible  conflict."  Later,  Abraham  Lincoln,  who  in 
time  became  President,  declared  that  the  "country  could  not 
remain  half  free  and  half  slave."  That  could  only  mean 
that  the  agitation  must  go  on  until  the  people  of  the  non- 
slaveholding  States  could  secure  the  abolition  of  slavery  by 
unconstitutional  means ;  for  there  was  no  other  way  by  which 
their  purpose  could  be  accomplished. 

This  agitation  caused  the  inauguration  of  a  civil  war  in 
Kansas,  in  which  many  lives  were  lost  and  much  property 
destroyed.  John  Brown,  who  had  obtained  a  bad  notoriety 
in  Kansas,  went  back  to  the  Northeast  and  organized  an 
armed  band  of  revolutionists  from  the  Northern  States,  with 
which  he  invaded  the  State  of  Virginia  for  the  purpose  of 
inaugurating  a  servile  war  between  the  white  and  black 
people,  with  all  the  barbarism  and  cruelty  which  would  of 
necessity  be  engendered  by  such  a  war.  They  fortified 
themselves  at  Harper's  Ferry,  in  that  State.  A  few  persons 
were  killed  and  Brown  and  some  of  his  associates  were  cap 
tured,  tried  in  the  civil  courts,  condemned  and  hanged  for 
treason.  The  Northern  people,  instead  of  condemning  the 
dreadful  crime  of  Brown,  in  a  number  of  instances  draped 
their  churches  in  mourning  and  spoke  of  him  as  a  martyr; 
showing  their  approval  of  this  treasonable  and  revolutionary 
invasion  of  the  South. 

During  the  Congress  which  immediately  preceded  the  war, 
thirty-odd  compromise  measures  were  presented  in  the  two 
Houses  of  Congress,  all  of  them  offered  by  Southern  men  or 
Northern  Democrats,  for  the  purpose  of  trying  to  get  some 
plan  adopted  by  which  war  and  secession  could  be  avoided, 
and  the  rights  of  the  States  preserved.  Every  one  introduced 
in  the  House  of  Representatives  was  received  with  hooting 
and  derision  by  the  Republicans.  When  the  Southern  mem 
bers  appealed  to  those  from  the  North  to  aid  them  in  some 
measure  of  peace  which  would  preserve  the  Constitution  and 
preserve  the  rights  of  the  States  and  of  the  people  of  the 


CAUSES   OF   THE    WAR   BETWEEN    THE    STATES  91 

South,  such  appeals  were  answered  by  the  statement,  "We 
are  in  the  majority  and  you  will  have  to  submit."  The 
Southern  members  and  the  Southern  people  did  not  want 
secession — they  only  sought  the  protection  which  was  due 
them  under  the  provisions  of  the  Constitution.  The  Southern 
people  had  always  shown  their  devotion  to  the  Union,  even 
while  the  New  Englanders  were  threatening  secession  and 
disunion. 

I  have  gone  through  with  the  statement  of  some  of  the 
facts  of  history,  in  order  to  do  my  part  in  dealing  with  what 
were  the  opinions  and  practices  of  the  whole  world  as  to 
slavery,  and  to  fix  the  responsibility  for  that  great  war  and 
the  enormous  destruction  of  life  and  property  where  it 
properly  belongs,  and  to  show  that  it  was  forced  on  the 
South  by  a  revolutionary  movement  for  the  purpose  of 
overthrowing  so  much  of  the  Constitution  as  protected 
slavery,  and  so  much  of  it  as  concerned  the  question  of 
States'  Rights  and  States'  Sovereignty.  But  they  were  also 
influenced  by  other  great  and  controlling  questions  relating 
to  the  industrial  and  financial  affairs  of  the  country,  as  I 
shall  show  further  on. 

It  has  been  assumed  and  is  assumed  by  those  who  were 
our  adversaries  that  it  was  an  unnecessary  war,  and  that 
it  was  brought  about  by  political  leaders  in  the  South.  I 
think  the  facts  I  have  presented  show  that  the  rights  and 
sovereignty  of  the  States,  and  the  social  and  industrial 
systems  of  the  South,  and  property,  valued  at  about  three 
thousand  million  dollars,  were  dangerously  menaced  by 
the  policy  and  action  of  half  the  States  and  two-thirds  of 
the  white  population.  Even  with  all  this  threatened  wrong, 
the  South  sought  by  every  means  in  its  control  to  avoid  an 
unequal  war.  The  people  of  the  South  had  no  organized 
government,  they  had  no  army,  no  navy,  no  treasury,  and 
the  most  limited  means  for  creating  any  of  these,  as  the  South 
had  not  been  a  manufacturing  country.  In  attempting  to 
withdraw  from  the  Union  they  hoped  to  do  so  peaceably 


92  MEMOIRS    BY    JOHN    H.    REAGAN 

and  had  no  purpose  to  interfere  in  any  way  with  any  of  the 
rights  of  the  Northern  States.  They  simply  desired  to  with 
draw  from  association  with  a  government  which  had  already 
demonstrated  its  deadly  hostility  to  the  rights  and  interests 
of  their  citizens ;  and  to  establish  for  themselves  a  govern 
ment  friendly  to  their  own  interests.  Those  who  were  our 
adversaries  have  never  dared,  so  far  as  I  know,  to  discuss  the 
incidents  which  preceded  and  led  up  to  the  war.  The  whole 
public  record  is  against  them.  They  limit  what  they  have 
to  say  to  what  occurred  during  the  war,  and  to  a  fraudulent 
pretense  that  they  were  fighting  for  the  old  flag  and  to  pre 
serve  the  Union.  Doubtless  hundreds  of  thousands  of  sol 
diers  were  made  to  believe  this  great  falsehood,  and  were 
engaged  in  what  they  believed  to  be  a  patriotic  war ;  but  the 
great  leaders  of  opinion  who  gave  form  and  force  to  the 
policy  and  movements  which  caused  the  war,  either  did  so 
as  reckless  political  demagogues  or  for  the  purpose  of  pro 
ducing  a  condition  of  things  which  they  knew  would  inevi 
tably  cause  war.  Such  will  no  doubt  be  the  conclusion  of  the 
impartial  historian  after  the  passion  and  prejudices  of  that 
struggle  shall  have  died  away.  Fortunately  for  the  truth  of 
history,  all  of  the  material  facts  which  show  the  causes  lead 
ing  to  the  war  are  so  far  matter  of  record  as  to  give  the 
people  of  after  times  its  true  account. 

I  quote  the  following  paragraph  from  Dr.  Curry's  Civil 
History  of  the  Confederate  States,  as  it  expresses  better 
than  I  could  the  sentiments  which  come  into  my  mind  after 
writing  the  foregoing : 

One  of  the  most  singular  illustrations  ever  presented  of  the 
power  of  literature  to  conceal  and  pervert,  to  modify  and 
falsify  history,  to  transfer  odium  from  the  guilty  to  the 
innocent,  is  found  in  the  fact  that  the  reproach  of  disunion  has 
been  slipped  from  the  shoulders  of  the  North  to  those  of  the 
South. 

To  illustrate  the  opinions  of  the  American  people,  and  the 
policy  of  the  Government  of  the  United  States  in  the  past, 
in  addition  to  the  quotations  from  the  Constitution,  and  the 


CAUSES    OF    THE    WAR    BETWEEN    THE    STATES 

reference  to  the  acts  of  Congress,  and  opinions  of  the 
Supreme  Court  referred  to  in  former  pages,  it  may  not  be 
inappropriate  to  state  the  following  historical  facts : 

General  Washington,  who  commanded  the  armies  during 
the  war  which  separated  this  country  from  Great  Britain, 
was  the  president  of  the  convention  which  formed  the  Con 
stitution  of  the  United  States ;  he  was  chosen  by  the  people 
as  the  first  President,  and  served  in  that  office  for  two  terms, 
eight  years ;  and  he  was  understood  to  be  the  largest  owner 
of  slaves  in  the  United  States.  Mr.  Jefferson,  who  was 
President  eight  years;  Mr.  Madison,  who  served  as  Presi 
dent  two  terms ;  Mr.  Monroe,  who  filled  the  office  two  terms ; 
General  Jackson,  who  served  as  President  eight  years ;  Mr. 
Polk,  four  years;  and  General  Taylor,  who  was  elected 
President  and  died  during  his  term  of  office,  were  all  slave 
holders.  Many  Senators  and  Representatives  in  Congress, 
many  governors  of  States,  many  justices  of  the  Supreme 
Court,  circuit  and  district  courts  of  the  United  States,  many 
high  State  officials,  including  legislative  and  judicial  officers, 
were  slaveholders.  Thousands  of  Christian  men  and  women, 
as  devout  and  sincere  as  any  on  earth,  including  ministers  of 
the  gospel,  were  slaveholders.  The  more  fanatical  of  those 
who  were  engaged  in  the  crusade  against  slavery  denounced 
slavery  as  a  sin,  as  the  sum  of  all  villainies,  and  must  there 
fore  have  held  that  all  the  great  and  good  men  and  women 
I  have  just  referred  to  were  wicked,  sinful,  and  villainous. 
Is  this  just  and  reasonable? 

It  is  proper  to  say  that  before  the  slavery  agitation  became 
sectional  and  political,  numbers  of  slaveholders  and  others 
in  the  Southern  States  questioned  the  policy  of  slavery;  a 
few  set  their  slaves  free ;  others  favored  the  colonization  of 
the  negroes  in  Africa;  and  many  felt  that  it  was  a  bad 
inheritance  from  which  they  did  not  see  how  they  were  to  be 
relieved.  The  system  of  slave  labor  was  gradually  giving 
way  in  the  border  slave  States,  such  as  Maryland,  Kentucky 
and  Missouri ;  and  if  the  people  of  the  Southern  States  had 


94  MEMOIRS    BY    JOHN    H.    REAGAN 

not  been  subjected  to  the  fanatical  crusade  which  precipi 
tated  war,  slavery  would  probably  have  slowly  and  finally 
disappeared  in  all  of  them. 

The  slaves  in  the  United  States  before  the  war  were  esti 
mated  to  be  of  the  property  value  of  three  thousand  million 
dollars.  This  property  was  acquired  under  the  authority  of 
the  Constitution  and  laws  of  the  United  States,  and  of  the 
States  where  it  existed.  Under  such  conditions  was  it 
patriotic,  was  it  just,  was  it  reasonable  for  the  people  who 
did  not  own  slaves, — citizens  of  States  where  slavery  did  not 
exist,  which  States  and  citizens  had  no  right  or  authority 
over  the  matter  in  States  where  it  did  exist,  and  where  it  was 
protected  under  the  Constitution  and  laws.  Federal  and 
State, — to  attempt  to  interfere  or  to  control  it?  On  this 
question  the  States,  and  the  people  of  different  States,  had 
no  more  right  to  interfere  with  each  other  than  if  they  had 
belonged  to  different  nations. 

After  the  South  had  been  forced  into  a  war  by  the  uncon 
stitutional  and  unlawful  course  of  the  North,  the  people  of 
the  North  assumed,  and  now  insist,  on  so  falsifying  history 
as  to  make  it  appear  that  the  war  was  the  result  of  Southern 
policy.  Surely  in  the  face  of  the  recorded  history  of  the 
past,  this  attempted  great  fraud  cannot  stand  the  test  of 
time  and  of  impartial  examination. 

On  a  previous  page  I  suggested  that  there  were  other 
controlling  causes  of  danger  to  the  perpetuation  of  the  Union 
besides  the  question  of  slavery.  I  shall  content  myself  by  a 
general  statement  of  some  of  these  causes,  without  elabora 
tion,  as  they  form  a  part  of  the  public  general  history  of  the 
country. 

In  the  convention  which  formed  the  Constitution  there 
was  a  serious  division  of  opinion  among  its  able  and 
patriotic  members  as  to  the  character  of  the  government 
they  were  to  establish.  A  number  of  the  leading  statesmen 
of  that  day,  with  Thomas  Jefferson  as  their  leader,  favored 
a  reversal  of  the  old-world  theory  that  political  sovereignty 


CAUSES   OF   THE    WAR   BETWEEN    THE   STATES  95 

resided  in  the  head  of  the  government,  and  that  the  people 
were  the  subjects  of  that  sovereign,  insisting  that  the  people 
were  citizens  and  not  subjects;  that  sovereignty  resided 
in  the  citizens,  who  had  the  right  to  make,  alter,  or  amend 
their  form  of  government  as  they  chose;  that  they  pos 
sessed  sufficient  intelligence  and  virtue  to  create,  organize, 
and  so  administer  the  government  as  to  secure  protection  to 
life,  person,  and  property  and  to  maintain  order  in  society; 
and  that  public  officers  were  public  servants.  There  were 
other  able  and  patriotic  statesmen  of  that  time,  with  Alex 
ander  Hamilton  at  their  head,  who  doubted  the  capacity  of 
the  people  for  self-government,  and  who  believed  a  strong 
government  should  be  formed  for  the  purpose  of  giving 
protection  to  life,  person,  and  property,  with  power  to  control 
refractory  States;  a  government  somewhat  on  the  plan  of 
the  English  government,  omitting  royalty  and  aristocracy. 
Looking  to  the  history  of  the  past,  and  remembering  that 
the  plan  of  self-government,  as  proposed,  was  an  experiment, 
it  is  not  surprising  that  these  differences  of  opinion  should 
have  then  existed.  The  aim  of  one  of  these  parties  was  for 
the  largest  liberty  of  the  people,  consistent  with  the  main 
tenance  of  good  government,  and  to  limit  the  powers  of  the 
Federal  Government  to  jurisdiction  over  such  matters  as 
related  to  international  questions,  and  to  questions  of  inter 
state  policy,  leaving  the  States  with  sovereign  jurisdiction 
over  all  local  and  domestic  questions.  The  other  party 
favored  a  government  with  larger  and  more  general  powers. 
Those  who  favored  limiting  the  powers  of  the  Federal 
Government  succeeded  in  getting  their  views  imbedded  in 
the  Constitution. 

After  the  adoption  of  the  Constitution  opinions  remained 
divided  between  those  who  favored  a  strict  construction  and 
those  who  favored  a  latitudinarian  construction  of  it.  This 
division,  under  one  and  another  name,  has  continued  down 
to  the  present  time;  first  as  Federalists  and  Republicans, 
afterward  as  Democrats  and  Whigs,  and  later  as  Demo- 


96  MEMOIRS    BY    JOHN    H.    REAGAN 

crats  and  Republicans.  Neither  of  these  antagonistic  parties 
has  ever  been  willing  to  accord  to  the  other  fidelity  to  the 
Union.  The  danger  arising  from  these  divisions,  while 
remote  in  the  past,  has  ever  been  present,  and  now  threatens 
the  safety  of  the  Union,  under  the  Constitution,  more  seri 
ously  than  at  any  former  time. 

The  jurisdiction  of  Congress  has  been  greatly  enlarged 
by  the  Republican  party.  Some  of  its  measures  in  legisla 
tion,  and  in  the  attempt  at  legislation,  have  gone  much 
beyond  anything  proposed  by  the  early  Federalists.  The 
late  President  Garfield,  in  a  speech  delivered  in  the  House 
of  Representatives  during  the  session  of  Congress  preceding 
his  nomination  for  the  Presidency,  declared  his  preference 
for  the  theory  of  General  Hamilton  rather  than  that  of  Mr. 
Jefferson.  After  that  declaration  he  was  nominated  and 
elected  President  by  the  Republicans.  The  current  action  of 
that  party  shows  that  it  favors  a  centralized  general  govern 
ment.  One  of  its  boasted  achievements,  as  a  result  of  the 
war,  is  that  it  destroyed  the  doctrine  of  States'  Rights.  That 
means  that  it  claims  to  have  enlarged  the  powers  of  the 
Federal  Government  beyond  what  was  intended  by  the  Con 
stitution,  and  that  it  has  correspondingly  abridged  the 
powers  of  the  State  governments.  This  lets  in  on  us  a  brood 
of  mischiefs  which  may  prove  fatal  to  our  constitutional 
government  and  to  civil  liberty. 

Other  causes  which  threatened  the  perpetuity  of  the  Union 
grew  out  of  the  jealousy  and  selfishness  of  the  New  England 
States.  When  the  United  States  in  1803  acquired  the 
Louisiana  Territory  those  States  protested  vehemently 
against  its  acquisition,  partly  on  the  ground  that  it  would 
give  a  preponderance  to  the  agricultural  States  over  the 
manufacturing  States;  and  they  threatened  to  secede  from 
the  Union.  In  the  blindness  of  their  jealousy,  they  seemed 
unable  to  realize  that  the  larger  the  area  of  free  trade  within 
the  Union  the  more  extensive  would  be  the  market  for  their 
manufactured  goods.  They  no  doubt  now  understand  that. 


CAUSES    OF    THE    WAR    BETWEEN    THE    STATES  97 

The  war  of  1812-15  with  Great  Britain  was  engaged  in  by 
the  United  States  perhaps  more  for  the  protection  of  the 
shipping  interests  and  the  commerce  of  that  section  of  the 
Union,  and  to  protect  their  seamen  from  unlawful  impress 
ment  by  the  British  cruisers,  than  for  any  other  single  cause. 
The  people  of  New  England  opposed  that  war,  encouraged 
the  British,  and  called  a  convention  to  consider  whether  they 
would  not  withdraw  from  the  Union.  When  the  question 
of  the  admission  of  Missouri  into  the  Union  was  being  con 
sidered,  they  again  urged  the  view  that  its  admission  would 
increase  the  power  of  the  agricultural  States  to  the  disad 
vantage  of  the  manufacturing  States,  and  again  they 
threatened  to  secede  from  the  Union.  The  same  contention 
was  made  when  Texas  was  admitted;  and  again  when  the 
treaty  of  1848  between  the  United  States  and  Mexico  was 
being  considered,  which  contemplated  the  cession  of  a  con 
siderable  part  of  the  territory  of  Mexico  to  the  United  States, 
as  indemnity  for  the  expenses  of  the  war  brought  on  by  the 
acts  of  the  Mexican  Government. 

A  chief  purpose  of  the  manufacturers  and  capitalists  of 
New  England  was  to  control  the  financial  policy  of  the  Gov 
ernment  so  as  to  advance  their  pecuniary  interests.  In 
1831-32  they  had  so  far  succeeded  through  unjust  tariff 
legislation,  as  to  drive  South  Carolina  into  nullification,  and 
came  near  involving  the  Country  in  a  war ;  which  was  only 
averted  by  a  gradual  reduction  of  the  tariff. 

On  the  several  points  here  suggested,  and  to  show  what 
the  views  of  the  people  of  that  portion  of  the  Country  were 
as  to  the  right  of  a  State  for  sufficient  cause  to  secede  from 
the  Union,  I  make  the  following  quotation  from  an  address 
delivered  by  the  Hon.  John  H.  Rodgers,  one  of  the  judges 
of  the  district  court  of  the  United  States,  at  a  Confederate 
reunion  at  New  Orleans,  in  May,  1903 : 

"An  assemblage  of  citizens  of  Boston  in  Faneuil  Hall  in  1809, 
state,  in  a  celebrated  memorial,  that  they  looked  only  to  the 
State  legislatures,  who  were  competent  to  devise  relief  against 


98  MEMOIRS    BY    JOHN    H.    REAGAN 

the  unconstitutional  acts  of  the  General  Government.  'That 
your  power  is  adequate  to  that  object  is  evident  from  the 
organization  of  the  Confederacy.' ': 

Here  is  distinctively  recognized  the  doctrine  that  each  sover 
eign  State  has  a  right  to  judge  alone  of  its  own  compacts  and 
agreements.  This  must,  of  necessity,  be  true  unless  the  right 
to  interpret  the  compact  or  agreement  has  been  waived,  or  the 
power  conferred  upon  another.  This  language  of  Madison  is 
buttressed  by  the  acts  of  ratification  of  the  Constitution  by 
some  of  the  States.  Virginia  said  in  her  ratification  act : 

"The  delegates  do  in  the  name  of  Virginia  declare  and  make 
known  that  the  powers  granted  under  the  Constitution  of  the 
United  States  may  be  resumed  by  them  whensoever  the  same 
shall  be  perverted  to  their  injury  or  oppression,  and  that  every 
power  not  granted  thereby  remains  with  them  at  their  will." 

New  York  was  even  more  specific,  and  Maryland  and  other 
States  showed  equal  concern  in  jealously  safeguarding  the 
sovereignty  of  the  States. 

In  the  prior  history  of  the  country  repeated  instances  are 
found  of  the  assertion  of  the  right  of  secession  and  of  a  purpose 
entertained  at  various  times  to  put  it  into  execution.  Notably 
is  this  true  of  Massachusetts — indeed,  of  all  New  England. 
In  1786,  when  the  States  were  bound  by  the  Articles  of  Con 
federation,  we  are  told  that  the  situation  was  "dangerous  in  the 
extreme."  The  agitation  in  Massachusetts  was  great  and  it 
was  declared  that  if  Jay's  negotiations,  closing  the  Mississippi 
for  twenty  years,  could  not  be  adopted,  it  was  high  time  for 
the  New  England  States  to  secede  from  the  Union  and  form  a 
confederation  for  themselves. 

Plumer  traces  secession  movements  in  1792  and  1794,  and 
says,  "All  dissatisfied  with  the  measures  of  the  government 
looked  to  a  separation  of  the  States  as  a  remedy  for  oppressive 
grievances." 

In  1794  Fisher  Ames  said:  "The  spirit  of  insurrection  has 
tainted  a  vast  amount  of  country  besides  Pennsylvania." 

In  1796  Governor  Wolcott  of  Connecticut  said :  "I  sincerely 
declare  that  I  wish  the  Northern  States  would  separate  from 
the  Southern  States  the  moment  that  event  [the  election  of 
Jefferson]  shall  take  place." 

Horatio  Seymour,  on  October  8,  1880,  in  a  public  address  in 
New  York  City,  thus  spoke:  "The  first  threat  of  disunion 
was  uttered  upon  the  floor  of  Congress  by  Josiah  Quincy,  one 
of  the  most  able  and  distinguished  sons  of  Massachusetts. 


CAUSES    OF    THE    WAR    BETWEEN    THE    STATES  99 

At  an  early  day  Mr.  Hamilton,  with  all  his  distrust  of  the 
Constitution,  sent  word  to  the  citizens  of  Boston  to  stop  their 
threats  of  disunion  and  let  the  government  stand  as  long  as  it 
would.  When  our  country  was  engaged  with  the  superior 
power,  population,  and  resources  of  Great  Britain,  when  its 
armies  were  upon  our  soil,  when  the  walls  of  its  capitol  were 
blackened  and  marred  by  the  fires  kindled  by  our  foes,  and  our 
Union  was  threatened  with  disaster,  the  leading  officials  of 
New  England  threatened  resistance  to  the  military  measures  of 
the  Administration.  This  was  the  language  held  by  a  conven 
tion  of  delegates  appointed  by  the  legislatures  of  three  New 
England  States  and  by  delegates  from  counties  in  Vermont: 
'In  cases  of  deliberate,  dangerous,  and  palpable  infraction  of 
the  Constitution,  affecting  the  sovereignty  of  a  State,  and 
liberties  of  the  people,  it  is  not  only  right  but  the  duty  of  such 
State  to  interpose  for  their  protection  in  the  manner  best  cal 
culated  to  secure  that  end.  This  covers  the  whole  doctrine  of 
nullification.'  I  may  add,  it  covers  the  whole  doctrine  of 
secession,  for  it  recognized  the  right  of  the  State  to  determine 
when  infractions  of  the  Constitution  have  occurred,  and  to 
apply  their  own  remedies." 

The  men  who  uttered  these  threats,  which  gave  "aid  and 
comfort"  to  the  enemies  of  this  country  while  they  were  burn 
ing  its  capitol,  were  held  in  high  esteem.  To  this  day  the 
names  of  George  Cabot,  Nathan  Dove,  Roger  M.  Sherman, 
and  their  associates  are  honored  in  New  England. 

The  acquisition  of  Louisiana,  in  1803,  created  much  dissatis 
faction  throughout  New  England,  for  the  reason,  as  expressed 
by  George  Cabot,  Senator  from  Massachusetts,  and  the  grand 
father  of  Senator  Henry  Cabot  Lodge  (in  whose  Life  of 
George  'Cabot  the  statement  is  made)  :  "That  the  influence  of 
our  (northeastern)  part  of  the  Union  must  be  diminished  by 
the  acquisition  of  more  weight  at  the  other  extremity."  At 
the  time  secession,  or  the  separation  of  the  States,  was  freely 
discussed  with  no  suggestion  of  any  idea  among  its  advocates 
that  it  was  treasonable  or  revolutionary. 

Colonel  Timothy  Pickering,  an  officer  in  the  Revolution, 
afterwards  Postmaster-General,  Secretary  of  War,  and  Secre 
tary  of  State  in  Washington's  Cabinet,  and  afterwards  for 
many  years  a  Senator  from  Massachusetts,  was  also  a  leading 
secessionist  in  his  day.  In  Lodge's  Life  of  Cabot  his  letters 
to  Senator  Cabot  reveal  his  convictions  of  the  power  in  a  sover 
eign  State  to  sever  its  connection  with  the  Union.  In  one  of  his 


100  MEMOIRS    BY    JOHN    H.    REAGAN 

letters,  written  in  1803  to  a  friend,  he  says :  "I  will  not  despair. 
I  will  rather  anticipate  a  new  Confederacy,  exempt  from  cor 
rupt  and  corrupting  influences  and  oppressions  of  the  aristo 
cratic  Democrats  of  the  South.  There  will  be  (our  children  at 
the  farthest  will  see  it)  a  separation.  The  white  and  black 
population  will  mark  the  boundary." 

In  another  letter  he  says :  "The  principles  of  our  Revolu 
tion  point  to  the  remedy — a  separation ;  that  this  can  be  accom 
plished  without  spilling  one  drop  of  blood,  I  have  little  doubt." 

Other  quotations  to  the  same  point,  found  in  the  letters  of 
Colonel  Pickering,  might  be  given.  The  occasion  forbids.  Such 
were  his  views  of  the  nature  of  the  compact  under  the  Constitu 
tion.  He  was  a  revolutionary  patriot,  a  friend  and  associate 
of  Washington,  and  a  trusted  servant,  during  many  long  years, 
of  Massachusetts. 

In  1811,  in  the  debate  of  the  bill  for  the  admission  of  Louis 
iana  into  the  Union,  Josiah  Quincy,  a  member  of  Congress 
from  Massachusetts,  said :  "If  this  bill  passes,  it  is  my  delib 
erate  opinion  that  it  is  virtually  a  dissolution  of  the  Union ; 
that  it  will  free  the  States  from  moral  obligation,  and  as  it 
will  be  the  right  of  all,  so  it  will  be  the  duty  of  some  definitely 
to  prepare  for  that  separation,  amicably  if  they  can,  violently 
if  they  must." 

Cabot,  Quincy,  and  Pickering  were  strong  Federalists,  not 
misguided  advocates  of  States'  Rights,  but  friends  of  a  strong, 
centralized  Federal  Government. 

All  of  us  know  of  the  Hartford  Convention,  held  in  1814, 
growing  out  of  the  war  with  Great  Britain,  in  which  were 
representatives  regularly  elected  by  the  legislatures  of  Massa 
chusetts,  Rhode  Island  and  Connecticut,  and  representatives 
irregularly  chosen  from  New  Hampshire  and  Vermont.  They 
sat  with  closed  doors,  but  it  is  known  that  their  object  was 
the  discussion  of  the  expediency  of  those  States  withdrawing 
from  the  Union  and  setting  up  a  separate  Confederation.  They 
determined  upon  its  expediency  then,  but  published  to  the  world 
the  conditions  and  circumstances  under  which  its  dissolution 
might  become  expedient. 

In  the  years  1844-45, when  measures  were  taken  for  the  annex 
ation  of  Texas,  the  legislature  of  Massachusetts  passed  a  reso 
lution  that:  "The  Commonwealth  of  Massachusetts,  faithful 
to  the  compact  between  the  people  of  the  United  States,  accord 
ing  to  the  plain  meaning  and  intent  in  which  it  was  understood 
by  them,  is  sincerely  anxious  for  its  preservation;  but  it  is 


CAUSES    OF    THE    WAR    BETWEEN    THE    STATES          101 

determined,  as  it  doubts  not  the  other  States  are,  to  submit  to 
undelegated  powers  in  no  body  of  men  on  earth ;  and  that 
the  project  for  the  annexation  of  Texas,  unless  arrested  on 
the  threshold,  may  tend  to  drive  these  States  into  a  dissolution 
of  the  Union." 

I  need  offer  no  apology  for  making  this  long  quotation, 
which  fully  sustains  my  briefer  reference  to  important  facts 
of  history;  and  shows  very  conclusively  that  the  people  of 
that  part  of  the  Union  now  entertain  very  different  views  as 
to  the  right  of  a  State  to  secede,  from  those  they  formerly 
advocated.  Their  arguments  of  late  years,  on  this  question, 
would  convict  their  fathers  of  threatened  revolution  and 
treason,  which  would  seem  to  be  rather  unfilial ;  and  creates 
a  suspicion  of  hypocrisy,  and  can  hardly  be  classed  as  politi 
cal  honesty. 

It  is  a  noteworthy  fact  that  while  the  representatives  of 
the  other  States  disapproved  and  condemned  these  threats 
of  secession,  they  never  denied  the  right  of  a  State  to  secede 
when  there  was  no  other  remedy  against  wrongs  and  oppres 
sions. 

I  could  wish  to  be  dealing  in  recitals  of  a  more  pleasant 
character,  but  the  foregoing  facts  are  a  part  of  the  history 
of  the  times  with  which  I  have  to  deal;  and  if  they  are  not 
of  as  cheerful  a  nature  as  might  be  desired,  it  must  be 
remembered  that  it  is  the  facts  themselves,  and  not  the  recital 
of  them,  which  may  be  disagreeable.  If  the  action  of  the 
people  of  New  England,  at  the  time  mentioned,  was  patriotic, 
the  action  of  the  people  of  the  South  from  1861  to  1865  must 
also  have  been  patriotic.  If  the  people  of  the  South  from 
1 86 1  to  1865  were  rebels  and  traitors,  those  of  New  England 
must  also  have  advocated  rebellion  and  treason. 

In  the  end  the  alternative  was  offered  to  the  Southern 
people  to  submit  to  all  this,  to  surrender  the  protection  of  the 
Constitution  and  laws  of  the  United  States,  and  to  become 
the  degraded  and  dishonored  victims  of  Northern  fanaticism 
and  abolitionism  and  avarice,  or  to  secede  from  the  Union 


102  MEMOIRS    BY    JOHN    H.    REAGAN 

and  form  a  government  friendly  to  their  own  rights  and 
interests.  They  chose  the  latter  alternative,  and,  after  one 
of  the  most  heroic  struggles  known  to  history,  and  such  a 
sacrifice  of  life  and  property  as  has  hardly  been  equaled  in 
any  war,  they  failed  to  maintain  their  independence  and  sepa 
rate  nationality,  and  were  doomed  to  pass  through  all  the 
crime  and  horror  of  the  years  of  Reconstruction.  And  they 
are  now  citizens  of  a  country  governed  by  a  party  which  has 
enlisted  under  its  banners  the  corporate  wealth  of  the  banks, 
the  railroads,  the  manufacturing  establishments,  the  great 
trusts ;  and  instead  of  a  constitutional  government  resting  on 
great  principles,  and  controlled  by  patriotic  citizenship,  we 
have  a  government  largely  outside  of  the  Constitution,  con 
trolled  by  class  interests  and  money,  and  labor  organizations ; 
with  a  contest  between  capital  and  labor  as  to  which  shall  be 
the  master,  and  get  the  most  money  from  the  people. 

Notwithstanding  the  horrors  of  the  war  between  the 
States,  the  crimes  and  robberies  of  Reconstruction,  the  annul 
ment  of  the  State  governments  of  the  South,  the  disfran- 
chisement  of  the  white  race,  and  the  enfranchisement  of  the 
negro,  the  people  of  the  South  have  reestablished  civil  gov 
ernments,  revived  their  industries,  and  restored  prosperity 
for  their  people.  Hard  as  their  fortune  has  been  in  the  past, 
they  have  accepted  the  new  conditions,  and  hope  for  the 
restoration  of  constitutional  principles  of  government,  and 
for  the  maintenance  of  popular  liberty.  The  Constitution 
once  covered  and  protected  the  people  wherever  the  Ameri 
can  flag  floated,  but  now  by  the  action  of  Congress  and  the 
decisions  of  the  Supreme  Court  its  flag  covers  vast  extents 
of  territory  and  ten  millions  of  people  where  the  Army  and 
Navy  carry  it,  but  where  the  inhabitants  are  not  under 
the  government  and  protection  of  the  Constitution.  For 
some  purposes  they  are  in  the  United  States,  and  for  other 
purposes  they  are  aliens ;  a  condition  and  a  policy  which  indi 
cate  that  Congress  and  the  Supreme  Court  consider  the  Con 
stitution  of  the  United  States  unconstitutional. 


CAUSES    OF    THE    WAR    BETWEEN    THE    STATES  103 

When  we  consider  the  departures  from  the  Constitution 
since  the  year  1860,  the  increase  of  the  jurisdiction  of  Con 
gress,  the  growth  and  expenditures  of  the  Federal  Govern 
ment,  no  thoughtful  man  can  fail  to  feel  a  sense  of  anxiety 
and  fear  for  the  future  of  the  great  Republic.  I  shall  not 
object  to  the  criticism  these  thoughts  will  subject  me  to,  if 
they  shall  in  any  degree  have  the  effect  of  directing  attention 
to  the  dangers  which  now  lie  before  us. 


CHAPTER  IX 
ORGANIZATION  OF  THE  CONFEDERATE  GOVERNMENT 

Shortly  after  the  delivery  of  my  protest  against  the 
measures  proposed  by  Congress  concerning  the  South,  I  left 
rriy  seat  and  started  for  Texas.  This  was  toward  the  end  of 
January,  1861.  My  conduct  finds  its  excuse  in  the  hard 
logic  of  the  situation;  for  it  had  become  apparent  that  the 
people  of  the  Southern  States  could  no  longer  expect  the 
protection  of  the  Constitution.  When  we  appealed  to  the 
Republicans  to  grant  our  rights  under  the  Constitution,  they 
answered  by  saying,  "We  have  the  majority,  and  you  must 
submit."  It  soon  came  to  the  point  that  I  felt  I  could  not 
sit  with  them  and  retain  my  self-respect  and  be  faithful  to 
the  rights  and  honor  of  the  people  I  represented. 

When  I  reached  New  Orleans,  I  learned  that  I  had  been 
elected  a  member  of  the  Texas  State  Convention ;  and  instead 
of  going  to  my  home,  I  went  to  Austin,  the  capital,  where 
the  convention  was  to  meet.  I  arrived  there  on  the  morning 

o 

of  the  third  day  of  the  session.  At  the  breakfast  table  I  met 
several  members  of  the  convention;  and  inquired  whether 
any  effort  had  been  made  to  secure  the  cooperation  of  the 
State  administration  with  the  convention.  I  was  answered 
in  the  negative,  with  the  added  statement  that  they  feared 
Governor  Houston  would  not  receive  any  overture  in  a 
friendly  spirit,  he  being  opposed  to  the  secession  of  the  State 
from  the  Union.  My  relations  with  him  were  such  that  I 
felt  we  could  confer  freely  together  on  the  matter,  and  soon 
after  breakfast  I  called  on  him  at  his  office  in  the  Capitol, 
and  informed  him  that  I  had  come  to  ascertain  whether 


ORGANIZATION  OF  THE  CONFEDERATE  GOVERNMENT   105 

cooperation  could  be  had  between  the  State  government  and 
the  convention  on  the  subject  of  the  course  which  should  be 
adopted  by  our  State. 

After  he  disposed  of  some  routine  business,  he  invited  me 
into  his  private  room,  where  we  at  once  entered  upon  this 
subject.  In  answer  to  some  suggestions  of  mine,  he  said, 
"You  know  I  am  a  Union  man  and  opposed  to  secession." 
I  replied  that  I  knew  he  was,  but  that  the  sectional  trouble 
had  reached  the  point  where  individual  opinions  might  have 
to  yield  to  the  necessities  of  the  State.  He  replied,  "The 
people  are  going  to  war  on  the  question  of  slavery,  and  the 
firing  of  the  first  gun  will  sound  the  knell  of  slavery."  My 
answer  was  that  many  persons  thought  there  would  be  no 
war,  that  the  commercial  and  manufacturing  interests  of 
the  North  and  East  would  cause  them  to  oppose  a  war,  and 
that  it  was  thought  these  same  interests  abroad,  especially 
in  Great  Britain  and  France,  would  cause  them  to  use  their 
influence  for  peace.  His  reply  to  me  was  that  the  passions 
and  prejudices  of  the  North  would  provoke  them  to  disre 
gard  these  material  interests;  that  Great  Britain  had  been 
for  forty  years  working  to  stimulate  sectional  hostility 
between  the  North  and  the  South,  looking  to  the  disruption 
of  the  Union;  that  she  desired  this  because  of  her  jealousy 
of  the  great  Republic,  and  because  a  war  with  us  would 
enable  her  to  build  up  her  cotton  planting  interests  in  India ; 
and  that  the  people  of  France  were  still  more  opposed  to  our 
system  of  government,  and  war  here  would  give  that  nation 
time  to  strengthen  its  cotton  planting  interests  in  Algeria. 

During  the  war  on  several  occasions  I  recalled  his  predic 
tion  when  reading  the  newspapers  of  London  and  Liverpool, 
which  it  was  understood  reflected  English  sentiment;  and  I 
called  the  attention  of  the  President  and  Cabinet  more  than 
once  to  the  fact  that  when  the  Confederates  won  a  victory 
these  journals  seemed  to  favor  the  Federal  side,  and  that 
when  the  Federals  were  victorious,  the  Confederates  were 
flattered. 


106  MEMOIRS   BY   JOHN    H.    REAGAN 

In  the  further  course  of  our  conversation  I  referred  to 
President  Houston's  commanding  position  in  Texas  and  the 
South,  and  to  the  fact  that  at  a  time  of  such  peril  they  had  a 
right  to  look  to  him  for  counsel.  He  answered  that  he  had 
been  born  and  reared  in  the  South,  that  his  honors  had  all 
come  from  that  section,  and  that  while  he  was  opposed  to 
secession,  he  would  not  draw  his  sword  against  his  own 
people. 

On  the  2d  day  of  February  the  convention  passed  an  ordi 
nance  dissolving  the  connection  of  Texas  with  the  Govern 
ment  of  the  United  States;  and  a  few  days  later  delegates 
were  elected  to  a  Provisional  Congress,  which  had  been 
called  by  the  seceding  States  of  South  Carolina,  Georgia, 
Florida,  Alabama,  Mississippi,  and  Louisiana.  I  was  one 
of  those  chosen,  and  was  associated  with  Louis  T.  Wigfall 
and  John  Hemphill,  ex-United  States  Senators,  T.  N.  Waul, 
John  Gregg,  and  W.  B.  Ochiltree. 

My  absence  from  home  during  the  session  of  Congress  and 
the  convention  at  Austin  rendered  it  imperative  that  I  should 
go  there  on  my  way  to  Montgomery,  and  because  of  this 
delay  I  reached  that  place  after  the  other  delegates. 

On  February  4,  1861,  the  convention  of  the  Southern 
States  met  in  Montgomery,  and  on  the  8th  of  February  it 
adopted  a  provisional  Constitution.  This  was  followed  by 
the  adoption  of  a  permanent  Constitution  on  the  nth  of 
March,  creating  a  new  government,  which  was  styled  "The 
Confederate  States  of  America."  On  the  9th  of  February 
Jefferson  Davis  of  Mississippi  was  elected  President  and 
Alexander  H.  Stephens  of  Georgia,  Vice-President. 

Mr.  Davis  was  a  graduate  of  the  Military  Academy  at 
West  Point,  had  served  a  number  of  years  as  a  commissioned 
officer  in  the  Army  of  the  United  States,  and  after  resigning, 
for  some  years  had  engaged  in  the  management  of  his  plan 
tation,  and  in  the  study  of  the  physical  sciences.  He  was 
elected  to  the  Congress  of  the  United  States,  was  offered  by 
President  Polk  an  appointment  as  brigadier-general  in  the 


ORGANIZATION  OF  THE  CONFEDERATE  GOVERNMENT    107 

war  with  Mexico,  which  was  declined  on  the  ground  that 
under  the  Constitution  he  believed  the  officers  of  the  volun 
teer  forces  should  be  elected  by  those  they  were  to  command. 
He  resigned  his  seat  in  Congress  to  accept  the  command  of  a 
regiment  of  Mississippi  rifles.  In  the  war  he  distinguished 
himself  by  his  courage  and  especially  by  the  celebrated  V 
formation  in  the  Battle  of  Buena  Vista,  where  he  received 
a  severe  wound.  Returning  home  he  was  soon  afterward 
appointed  United  States  Senator.  In  the  Cass  and  Taylor 
campaigns  of  1848  he  was  chosen  Presidential  elector  on  the 
Democratic  ticket.  In  1853  ne  resigned  his  place  as  Senator 
to  accept  the  appointment  of  Secretary  of  War  under  Presi 
dent  Pierce.  At  the  end  of  his  service  as  Secretary  of  War 
he  was  again  elected  to  the  Senate  of  the  United  States, 
which  position  he  resigned  on  the  passage  of  the  ordinance 
of  secession  by  the  State  of  Mississippi.  He  had  acquitted 
himself  with  distinguished  ability  and  fidelity  to  duty  in  every 
official  and  private  relation.*  On  the  6th  of  November,  1861, 
he  was  elected  President  of  the  constitutional  government  of 
the  Confederacy,  for  the  term  of  six  years,  and  was  inaugu 
rated  on  the  22d  of  February,  1862. 

Vice-President  Stephens,  a  distinguished  citizen  of  the 
State  of  Georgia,  and  a  lawyer  of  prominence,  represented 
many  years  one  of  the  districts  of  that  State  in  Congress, 
exhibiting  ability  of  a  very  high  order  and  being  ranked  as 
one  of  the  ablest  debaters  in  that  body.1" 

President  Davis  selected  the  Hon.  Robert  Toombs  of 
Georgia  for  the  position  of  Secretary  of  State.  He  had 
served  for  many  years  the  people  of  Georgia,  with  much 


*  After  the  war,  President  Davis  crowned  the  great  labors  of  his 
eventful  life  by  writing  and  giving  to  the  public  his  history  of  the 
Rise  and  Fall  of  the  Confederate  Government,  in  two  volumes,  and 
his  short  history  of  the  Confederate  States  of  America,  a  most  valu 
able  exposition  of  the  cause  and  the  conduct  of  the  war  between  the 
States. 

t  Vice-President  Stephens,  like  President  Davis,  rounded  the  labors 
of  a  useful  and  distinguished  life  by  writing  and  publishing  in  two 
volumes  a  history  of  the  War  Between  the  States. 


108  MEMOIRS    BY   JOHN    H.    REAGAN 

distinction  in  both  the  House  of  Representatives  and  the 
Senate  of  the  United  States.  Mr.  Toombs  was  a  man  of 
massive  intellect,  strong  will,  and  of  very  clear  and  deep 
convictions  on  public  questions.  He  was  the  peer  of  the 
ablest  in  the  Senate  of  the  United  States. 

The  Hon.  C.  G.  Memminger  of  South  Carolina  was  made 
Secretary  of  the  Treasury.  He  was  a  capable  and  learned 
man,  one  of  the  leading  lawyers  of  his  State,  and  an  experi 
enced  and  able  financier.  Added  to  this,  he  was  a  real 
Christian  gentleman.* 

The  Hon.  Leroy  Pope  Walker  of  Alabama  became  Secre 
tary  of  War.  He  was  a  talented  lawyer  and  an  earnest 
patriot,  and  became  one  of  the  hardest  working  members  of 
the  Cabinet. 

The  Hon.  Stephen  R.  Mallory  of  Florida  was  made  Secre 
tary  of  the  Navy.  He  was  an  accomplished  scholar,  a  promi 
nent  lawyer,  and  an  amiable,  excellent  man.  He  had  served 
his  State  in  the  Senate  of  the  United  States  for  many  years, 
much  of  the  time  at  the  head  of  the  committee  on  naval 
affairs.  His  was  a  very  difficult  position  to  fill,  as  it  required 
of  him  the  creation  of  a  naval  establishment  in  the  absence, 
in  a  large  measure,  of  the  necessary  materials,  and  with  the 
very  limited  manufacturing  facilities  of  the  Confederacy. 
His  achievements  in  this  respect  were  greater  than  could  have 
been  expected,  t 

Judah  P.  Benjamin  of  Louisiana  was  appointed  Attorney- 
General.  He  ranked  with  the  best  lawyers  of  the  United 
States,  and  served  with  marked  distinction  the  State  of 
Louisiana  in  the  United  States  Senate.  He  was  a  learned 
and  most  eloquent  advocate.  After  the  war  he  went  to  Eng 
land,  wrote  a  book  on  the  law  of  Contracts,  and  had  con 
ferred  on  him  the  honor  of  being  made  Queen's  Counselor. 

*  Since  his  death  Bishop  Capers  of  South  Carolina  has  given  to  the 
public  The  Life  and  Times  of  C.  G.  Memminger,  which,  among  other 
matters,  sets  forth  much  valuable  information  about  the  finances  of  the 
Confederacy. 

tSee  the  Confederate  Navy,  by  Thomas  Scharf. 


ORGANIZATION  OF  THE  CONFEDERATE  GOVERNMENT    109 

I  did  not  arrive  at  the  seat  of  government  until  after  the 
election  of  the  President  and  Vice-President ;  but  took  an 
active  part  in  the  later  proceedings. 

When  I  reached  Montgomery  I  called  on  the  President, 
and  in  our  conversation  said  to  him  that  if  I  had  been  present 
at  the  election  I  should  not  have  voted  for  him ;  not,  however, 
because  I  distrusted  his  fitness  for  the  high  office,  but  because 
I  wanted  him  at  the  head  of  the  army.  This  position,  he 
confessed,  would  have  been  more  agreeable  to  him,.  I  'added 
that  I  should  not  have  voted  for  Mr.  Stephens,  because  it 
was  the  first  time  I  had  known  of  a  people  embarking  in  a 
revolution  and  selecting  as  one  of  their  leaders  a  person 
known  to  be  opposed  to  it. 

On  March  6,  much  to  my  surprise,  President  Davis  ten 
dered  me  the  portfolio  of  Postmaster-General,  which  I 
declined ;  and  a  second  tender  was  also  declined.  It  had  been 
previously  offered  to  Mr.  Ellet  of  Mississippi,  who  had  been 
for  eight  years  a  prominent  member  of  the  Congress  of  the 
United  States,  and  to  Col.  Wirt  Adams,  a  distinguished 
citizen  of  the  same  State.  I  feared  to  undertake  the  role. 
Mr.  Davis  informed  me  that  Mr.  Ellet  and  Mr.  Adams  had 
both  declined  for  the  very  reasons  which  had  influenced  my 
conclusion.  After  I  had  declined  the  second  time,  I  was 
called  on  by  several  members  of  the  Congress,  among  them 
Gen.  T.  N.  Waul  of  Texas,  and  Hon.  J.  L.  M.  Curry  of 
Alabama,  later  of  Virginia,  and  was  requested  to  accompany 
them  to  see  the  President.  After  reaching  the  Executive 
Office,  the  question  of  the  appointment  of  a  Postmaster- 
General  was  brought  up,  and  I  was  urged  by  these  members 
of  Congress,  and  by  the  President  and  his  Cabinet,  to  accept 
the  position.  My  objection  was,  that  our  people  under  the 
Government  of  the  United  States  had  been  accustomed  to 
regular  postal  facilities;  that  when  the  service  under  that 
Government  came  to  an  end,  it  would  require  considerable 
time  to  reestablish  such  a  service,  and  that  in  the  mean  time 
dissatisfaction  would  arise  on  account  of  the  want  and 


110  MEMOIRS    BY   JOHN    H.    REAGAN 

necessity  of  mail  facilities,  and  that  this  would  most  likely 
be  supposed  to  arise  from  the  incapacity  of  the  head  of  that 
department ;  and  that  while  I  would  gladly  perform  my  duty 
to  the  Confederacy,  I  did  not  desire  to  become  a  martyr.  It 
was  insisted  that  we  must  not  concede  that  there  was  a 
department  of  government  which  we  could  not  organize. 
The  President  and  the  members  of  his  Cabinet,  and  the 
members  of  Congress  who  were  present,  stated  that  if  I 
would  accept  the  portfolio  they  would  do  all  they  could  to 
aid  me  and  sustain  me  against  any  unjust  criticism.  I  very 
reluctantly  consented  to  accept  the  position,  and  on  retiring 
from  this  meeting,  instead  of  feeling  proud  of  the  honor  con 
ferred  on  me,  I  felt  that  I  was  to  be  condemned  by  the  public 
for  incapacity. 

Thus,  then,  was  constituted  the  Executive  machinery  of 
a  government  which  was  about  to  undertake  problems  the 
like  of  which  the  world  has  perhaps  never  seen. 

The  attempt  to  organize  and  to  administer  the  Govern 
ment  of  the  Confederate  States,  in  view  of  the  disadvantages 
under  which  it  was  made,  growing  out  of  the  disparity  of 
population,  wealth  and  resources,  was  a  severe  trial  upon  the 
wisdom,  the  courage  and  the  endurance  of  her  people.  That 
conflicts  of  opinions  should  have  arisen  between  those 
charged  with  the  responsibility  for  this  great  movement  was 
to  have  been  expected.  But  in  common  fairness  there  ought 
to  have  been  no  other  conflicts  as  to  the  facts  involved,  than 
such  as  may  have  grown  out  of  the  different  view  points  of 
those  concerned,  or  out  of  defects  of  memory.  It  is  to  be 
regretted  that  differences  have  grown  up  between  able  and 
good  men  who  sustained  the  Confederate  cause.  And  it  is 
to  be  feared  that  these  conflicts  of  opinion  have  not  in  all 
cases  shown  all  the  parties  to  them  to  have  been  free  from 
ambition,  jealousy  and  selfishness.  It  is  unfortunate  that 
patriotic  men  devoted  to  a  cause  so  sacred  should  have  mis 
understood  one  another,  and  it  is  much  more  unfortunate 
that  they  should  have  so  far  yielded  to  passion  and  to  preju 
dice  as  to  indulge  in  misrepresentation. 


ORGANIZATION  OF  THE  CONFEDERATE  GOVERNMENT    111 

I  am  led  to  these  observations  because  of  what  seemed  to 
me  to  be  studied  misrepresentations  of  President  Davis  and 
his  Cabinet  on  important  public  questions. 

First.  It  was  assumed  by  Vice-President  Stephens,  by 
Governor  Brown  of  Georgia,  by  Gen.  Joseph  E.  Johnston 
and  others,  that  the  failure  of  the  Confederate  Government, 
at  the  beginning  of  the  war,  to  purchase  all  the  cotton  in  the 
Confederacy,  and  ship  it  abroad,  to  be  used  in  buying  ships 
and  war  material,  showed  that  the  President  and  Cabinet  did 
not  understand  or  realize  the  gravity  of  the  situation  of  the 
Confederacy,  and  failed  to  make  use  of  this  means  of  success. 

Second.  That  President  Davis  by  his  instructions  to  the 
Hampton  Roads  Commissioners  caused  the  failure  of  that 
conference  to  agree  to  terms  of  peace,  and  that  this  made  him 
responsible  for  the  continuance  of  the  war,  the  sacrifice  of 
life  and  property,  and  sufferings  of  the  people  which  fol 
lowed. 

Third.  That  the  President  favored  and  approved  the 
law  of  conscription  of  1862,  which  it  was  alleged  was  unnec 
essary,  unwise  and  unconstitutional. 

Fourth.  That  President  Davis  was  self-willed  and  arbi 
trary,  and  extreme,  and  refused  or  rejected  the  prudent 
counsels  of  others. 

I  do  not  wrish  to  be  understood  as  assuming  that  these  \vere 
the  only  grounds  of  criticism  of  the  President  and  his  Cabi 
net  ;  but  refer  to  them  as  the  points  chiefly  relied  on  by  that 
class  of  persons  who  sought  to  discredit  and  bring  into  disre 
pute  his  administration  of  the  Confederate  Government,  both 
during  and  after  the  war. 

I  will  consider  the  above  stated  questions  in  the  order 
named. 

First.  The  President  and  Vice-President  of  the  Confed 
eracy  were  elected  on  the  9th  of  February,  1861,  some  days 
before  the  arrival  of  Davis  at  Montgomery,  Alabama,  the 
temporary  capital  of  the  Confederacy.  The  Provisional 


112  MEMOIRS    BY    JOHN    H.    REAGAN 

Congress  of  the  Confederacy  was  assembled  on  the  i8th  day 
of  February,  1861.  The  organization  of  the  Cabinet  was 
not  completed  until  the  6th  of  March,  1861.  Mr.  Horace 
Greeley,  who  was  a  very  earnest  advocate  of  abolitionism, 
and  a  strong  Union  man,  denied  the  authority  of  the  Federal 
Government  to  coerce  the  States.  During  the  first  session 
of  the  Provisional  Congress  of  the  Confederacy  the  New 
York  Herald  favored  the  adoption  by  the  United  States  of 
the  Constitution  of  the  Confederacy  as  the  best  means  of 
reconciliation  and  of  avoiding  a  war.  And  General  Winfield 
Scott,  at  the  head  of  the  Army  of  the  United  States,  was 
reported  to  have  said,  "let  the  erring  sisters  go,"  meaning 
the  Southern  States. 

The  postal  service  and  the  express  companies  of  the  United 
States  remained  in  full  operation  in  all  the  Southern  States 
until  the  first  of  June,  1861,  when  they  were  succeeded  by 
the  service  under  Confederate  authority.  On  the  26th  of 
February,  1861,  President  Davis  appointed  Messrs.  A.  B. 
Roman  of  Louisiana,  Martin  J.  Crawford  of  Georgia,  and 
John  Forsyth  of  Alabama,  as  Commissioners  to  the  Govern 
ment  of  the  United  States,  with  authority  to  negotiate  for  a 
peaceful  settlement  of  all  questions  between  the  Confederate 
and  the  United  States  Governments.  On  the  I3th  of  March, 
1 86 1,  Commissioners  Forsyth  and  Crawford  submitted  to 
Secretary  of  State  Seward  an  offer  for  the  peaceful  adjust 
ment  of  the  differences  between  the  two  governments,  which 
was  rejected  by  Seward.  I  make  the  foregoing  statements 
to  show  that  up  to  the  time  of  the  conflict  at  Charleston  Har 
bor,  April  1 3th,  1861,  hopes  were  still  being  entertained  that 
war  might  be  averted;  and  that,  therefore,  no  foresight,  up 
to  that  time,  could  have  pointed  to  the  necessity  of  the  Con 
federate  Government  endeavoring  to  get  control  of  the  cotton 
in  the  Southern  States. 

In  order  to  show  the  injustice  and  the  unreasonable  char 
acter  of  the  charge  that  the  Confederate  authorities  were 
derelict  in  failing  to  control  the  whole  or  even  the  greater 
part  of  this  cotton  I  submit  the  following-  facts : 


ORGANIZATION  OF  THE  CONFEDERATE  GOVERNMENT    113 

Bishop  Capers  in  his  history  of  the  life  and  times  of  the 
Hon.  C.  G.  Memminger,  who  was  Secretary  of  the  Treasury 
of  the  Confederacy,  referring  to  the  criticisms  of  Gen.  Joseph 
E.  Johnston  of  the  Confederate  authorities,  says : 

The  substance  of  General  Johnston's  charge  is  that  the  failure 
of  the  Confederate  cause  was  due  to  the  failure  of  its  finances ; 
that  the  Government  failed  to  adopt  the  true  financial  policy, 
which  was  easy  enough  to  do,  and  "generally  understood  in 
the  country."  Having  made  this  very  remarkable  charge  the 
General  proceeds  to  unfold  his  plan  as  follows. 

The  government  was  organized  in  February,  and  he  states 
that  the  blockade  of  the  Southern  ports,  though  proclaimed 
in  May,  was  not  made  "effective"  until  the  end  of  the  following 
winter — a  period  of  twelve  months — in  which  "it  would  have 
been  easy"  to  ship  and  convert  into  money  four  or  five  million 
bales  of  cotton,  etc. 

It  must  certainly  surprise  the  reader  when  he  looks  into  this 
grave  proposition  that  the  four  or  five  million  bales  of  cotton 
had  no  existence  except  in  the  fancy  of  the  General.  The 
total  crop  of  1 860-61  was  officially  reported  as  3,849,000  bales. 
Of  this  3,000,000  bales  had  been  exported  up  to  February, 
the  month  when  the  Confederate  Government  was  organized, 
and  600,000  bales  were  in  the  hands  of  the  New  England  spin 
ners,  the  seed  for  the  next  crop  (1861-62)  not  being  yet  in  the 
ground.  It  is  needless  to  examine  into  the  merits  of  this  scheme 
any  further.  Granting  that  the  cotton  did  exist  in  the  Southern 
States,  it  would  have  been  impossible,  as  Mr.  Memminger 
clearly  shows,  to  have  shipped  any  large  quantity  of  it.  So 
that  the  whole  charge  of  failure  of  the  financial  policy  by 
General  Johnston  resolves  itself  into  a  fleet  of  phantom  ships 
loaded  with  phantom  cotton.  This  singular  charge  has  only 
been  noticed  on  account  of  the  high  source  from  which  it  ema 
nates,  and  because  of  the  currency  which  the  idea  has  obtained 
among  a  class  of  critics. 

I  make  the  following  quotation  from  the  answer  of  Secre 
tary  Memminger  to  the  charges  of  General  Johnston : 

CHARLESTON,  March  27,  1874. 
To  THE  EDITOR  OF  THE  News  and  Courier: 

I  observe  by  your  paper  of  yesterday,  which  extracts  a  pas 
sage  from  General  Johnston's  book,  that  he  follows  the  ancient 


114  MEMOIRS    BY    JOHN    H.    REAGAN 

example  of  our  forefather  Adam,  in  casting  the  fault  of  a  gen 
eral  calamity  on  some  other  person.  He  attributes  the  failure 
of  the  Southern  Confederacy  to  the  blunder  of  the  Government, 
at  its  first  institution,  in  not  possessing  itself  of  the  cotton  crop 
then  in  the  hands  of  the  planters.  This  cotton  (according  to 
the  General)  should  have  been  shipped  in  anticipation  of  the 
blockade,  and  it  would  then  have  furnished  a  basis  for  future 
credit.  As  I  was  at  that  time  in  charge  of  the  Treasury  Depart 
ment,  the  responsibility  of  this  failure  would  rest  chiefly  on 
me;  and  you  will  therefore  not  consider  it  out  of  place  that  I 
should  correct  misapprehensions  which  seem  to  have  misled 
yourself  as  well  as  General  Johnston. 

In  this  connection  we  should  bear  in  mind  the  facts  herein 
stated,  which  show  that  there  was  not  sufficient  reason  to 
obtain  the  cotton,  because  of  the  possibility  of  avoiding  war 
until  after  the  I3th  of  April.  And  the  blockade  having  been 
put  in  force  in  May  would  leave  less  than  a  month  in  which 
to  have  obtained  and  sent  abroad  so  large  a  quantity  of 
cotton.  I  quote  again  from  this  letter  of  Secretary  Mem- 
minger : 

This  would  have  required  a  fleet  of  four  thousand  ships, 
allowing  one  thousand  bales  to  a  ship.  Where  would  these 
vessels  have  been  procured  in  the  face  of  the  notification  of 
the  blockade,  and  was  not  as  much  of  the  cotton  shipped  by 
private  enterprise  as  could  have  been  shipped  by  the  Govern 
ment? 

I  quote  again  from  Memminger's  letter : 

At  the  commencement  of  the  Government  the  Treasury  had 
not  funds  to  pay  for  the  table  on  which  the  Secretary  was 
writing ;  and  the  first  purchases  of  the  Government  made  abroad 
were  made  on  the  private  draft  of  the  Secretary.  There  was 
not  to  be  found,  in  the  whole  Confederacy,  a  sheet  of  bank 
note  paper  on  which  to  print  a  note.  Forecasting  this  need, 
the  Secretary  had  ordered  from  England  a  consignment  of 
note  paper  and  lithographic  materials,  the  vessel  containing 
which  was  captured  on  the  high  seas ;  and  many  of  the  friends 


ORGANIZATION  OF  THE  CONFEDERATE  GOVERNMENT    115 

of  the  late  Colonel  Evans,  of  our  city,  will  remember  that  he 
nearly  lost  his  life  in  the  attempt  to  bring  across  the  lines  a 
single  parcel  of  note  paper.  It  is  within  the  memory  of  the 
printers  of  these  notes,  that  months  elapsed  before  bonds  or 
notes  could  be  engraved  and  printed ;  and  these  constituted  our 
entire  currency.  How,  then,  was  cotton  to  be  paid  for  ? 

And  when  the  mechanical  difficulties  were  overcome,  the 
financial  presented  an  equal  barrier.  The  scheme  for  raising 
money,  adopted  by  Congress,  was  to  issue  Confederate  notes, 
funding  the  redundant  notes  in  interest-bearing  bonds;  and 
all  payments  at  the  Treasury  were  made  with  these  notes.  The 
daily  demands  on  the  Treasury  exceeded  greatly  the  means  of 
supply.  Now,  if  instead  of  applying  the  notes  to  the  daily 
payments  required  at  the  Treasury  they  had  been  used  to  pur 
chase  cotton,  the  Treasury  would  have  found  itself  filled  with 
cotton,  without  any  money  to  meet  the  wants  of  the  Govern 
ment  until  that  cotton  could  be  shipped  and  sold. 

If  instead  of  payment  in  notes  the  bonds  of  the  Government 
had  been  used  to  purchase  the  cotton  crop,  those  bonds  would 
have  been  thrown  in  the  market  to  meet  the  necessities  of  the 
planters,  and  their  value  as  a  means  of  funding  the  surplus 
currency  would  have  been  destroyed.  It  is  obvious  to  any  one 
acquainted  with  finance  that  this  would  have  broken  down  the 
Confederacy  currency  within  the  first  year  of  its  existence, 
whereas  the  plan  pursued  sustained  the  credit  of  the  Con 
federacy  until  broken  down  under  calamities  by  which  no  credit 
could  survive. 

The  question  of  the  purchase  of  the  cotton  for  the  use  of 
the  Government  was  fully  discussed  and  considered  by  the 
President  and  Cabinet ;  and  for  reasons  like  those  suggested 
by  Secretary  Memminger,  and  for  others,  it  was  held  to  be 
impracticable  to  attempt  to  secure  the  whole  cotton  crop,  or 
even  that  part  of  it  which  remained  in  the  hands  of  the 
planters,  after  the  3,000,000  bales  had  been  exported,  and 
after  600,000  bales  had  gone  into  the  hands  of  the  New 
England  spinners,  up  to  the  time  of  the  organization  of  the 
Confederate  Government ;  except  to  purchase  so  much  of  the 
cotton  as  could  be  obtained  and  shipped  through  the 
blockade.  A  good  deal  of  the  cotton  (I  cannot  give  the 


116  MEMOIRS    BY   JOHN    H.    REAGAN 

approximate  amount)  was  so  obtained,  paid  for  by  the  notes 
or  bonds  of  the  Confederacy,  and  shipped  to  Europe  for  the 
purchase  of  arms  and  other  supplies  and  to  meet  the  neces 
sities  of  the  Government  for  funds  to  be  used  by  our  agents 
abroad. 

Other  important  facts  are  shown  in  the  volume  above 
quoted,  which  shows  the  silly  absurdity  of  the  attacks  made 
on  the  Government  on  this  account. 

These  attacks  were  encouraged  by  Vice-President 
Stephens,  and  industriously  urged  by  a  few  persons  who 
seemed  to  suppose  it  to  be  necessary  to  defame  the  President 
and  his  Cabinet  in  order  to  increase  the  reputation  of  Mr. 
Stephens  for  statesmanship.  And  they  succeeded  in  deceiv 
ing  many  others  who  had  no  such  purpose  in  view,  and 
among  them  Gen.  G.  B.  Gordon  and  Gen.  Richard  Taylor, 
who  were  induced  to  adopt  the  views  of  Stephens  and  Gen 
eral  Johnston  on  this  question. 

Mr.  Memminger  was  a  man  of  great  ability,  an  earnest 
patriot,  and  sincerely  devoted  to  the  cause  of  the  Confed 
eracy.  And  while  his  reports  as  Secretary  of  the  Treasury 
show  his  thorough  understanding  of  the  questions  involved 
in  the  management  of  the  Treasury  Department,  the  failure 
of  Congress  to  second  his  views,  in  connection  with  the  inhe 
rent  difficulties  of  the  problem,  caused  him  to  resign  the  post 
of  Secretary  of  the  Treasury  on  the  I5th  of  June,  1864. 

Second.  Referring  to  the  attacks  on  the  President  con 
nected  with  the  Hampton  Roads  Conference.  I  have  fully 
demonstrated  their  absurdity  and  injustice  in  another  part 
of  this  book,  and  need  make  no  further  reference  to  this  in 
this  connection. 

Third.  When  the  Congress,  during  its  first  session  at 
Montgomery,  was  preparing  regulations  for  the  organiza 
tion  of  the  Army  of  the  Confederacy,  because  of  the  experi 
ence  of  President  Davis  as  an  officer  in  the  Army  and  as 
Secretary  of  War  of  the  United  States,  the  committee  having 
bills  for  that  purpose  in  charge,  called  on  him  with  them.,  for 


ORGANIZATION  OF  THE  CONFEDERATE  GOVERNMENT    117 

his  advice  and  assistance.  The  committee  had  proposed  a 
bill  for  the  enlistment  of  soldiers  for  the  term  of  six  months. 
Mr.  Davis  suggested  to  them  that  the  term  of  enlistment 
should  be  made  longer;  that  it  would  require  six  months  to 
train  the  raw  infantry  soldiers,  and  to  inure  them  to  camp 
life,  and  that  it  would  require  twelve  months  to  make  cavalry 
efficient.  He  also  stated  to  the  committee  that  we  could 
enlist  as  many  men  for  the  term  of  three  years  or  during  the 
war  as  we  could  arm  and  equip.  It  was  urged  by  the  mem 
bers  of  the  committee  that  by  enlisting  men  for  the  short 
term  of  six  months  so  many  could  be  called  into  the  service, 
as  by  their  numbers  to  prevent  a  war.  It  was  also  assumed 
by  them  that  one  Southerner  would  be  equal  to  two  or  more 
Northern  men.  To  these  suggestions  Mr.  Davis  replied  that 
we  could  not  rely  on  the  number  of  soldiers  we  might  put  in 
the  field  to  prevent  war.  He  also  stated  that  while  the  men 
of  the  South  were  as  a  rule  more  ready  to  resent  personal 
insult  than  those  of  the  North,  his  experience  caused  him  to 
say  to  them  that  in  an  army  organization  they  had  better 
recognize  the  necessity  of  man  for  man.  He  stated  to  the 
committee  that  by  enlisting  men  for  three  years  or  the  war 
they  would  provide  for  an  army,  and  that  we  could  get  as 
many  men  as  we  could  arm  and  equip.  It  was  suggested  that 
we  would  in  all  probability  have  a  short  war.  His  reply  to 
this  was  that  the  war  was  more  likely  to  last  thirty  years  than 
to  end  in  a  short  time,  and  that  it  might  be  we  would  not  live 
to  see  the  end  of  it.  After  discussing  the  matter  all  he  could 
do  was  to  induce  the  committee  to  provide  for  the  enlistment 
of  men  for  the  term  of  twelve  months.  And  such  was  the 
provision  made  for  our  army. 

In  view  of  General  McClellan's  contemplated  advance 
upon  Richmond,  and  owing  to  the  uncertainty  as  to  whether 
he  would  move  by  the  inland  route,  as  had  been  done  by  his 
predecessors,  or  by  way  of  the  Chesapeake  Bay  and  Fortress 
Monroe,  it  was  agreed,  after  a  conference  between  the  Presi 
dent  and  General  Johnston,  that  our  army  should  fall  back 


118  MEMOIRS    BY   JOHN    H.    REAGAN 

from  the  line  of  the  Occoquan,  and  take  position  in  Stafford 
County,  in  the  vicinity  of  Fredericksburg,  after  taking  time 
to  move  his  army  supplies  back,  and  after,  by  the  use  of 
barges  in  the  night  time,  removing  our  heavy  siege  guns 
from  Cock  Pit  Point  on  the  Potomac,  down  to  Aquia  Creek. 
This  movement  was  made  in  March,  1862.  I  may  elsewhere 
say  something  of  the  ill  advised  and  unnecessary  haste  with 
which  this  was  done,  involving  as  it  did  the  useless  destruc 
tion  of  a  large  amount  of  army  supplies. 

The  first  law  of  conscription  passed  by  the  Confederate 
Congress  became  effective  on  the  i6th  of  April,  1862.  It 
provided  among  other  things  for  putting  all  the  men  of  the 
Confederacy,  between  the  ages  of  eighteen  and  thirty-five, 
into  the  military  service,  and  for  retaining  in  the  service  the 
men  who  had  enlisted  for  twelve  months,  until  the  end  of  a 
three  years'  term,  but  under  the  conditions  named  providing 
for  the  reorganization,  and  for  allowing  them  furloughs  and 
the  pay  of  bounty.  In  March,  1862,  General  McClellan  put 
in  motion  his  plan  of  concentrating  his  forces  at  Fortress 
Monroe.  On  the  6th  of  April,  President  Lincoln  wrote  him 
that  he  had  an  army  of  over  100,000  men.  On  May  I 
General  Johnston  ordered  the  evacuation  of  Norfolk  by  our 
army.  And  on  the  loth  of  May  the  officers  of  the  Navy 
abandoned  and  burned  the  Virginia.  And  when  the  great 
battle  of  Seven  Pines,  in  front  of  Richmond,  was  fought  on 
the  3  ist  of  May  and  ist  of  June,  1862,  McClellan  had  an 
army  of  over  100,000,  the  Confederates  73,000.  The  Con 
federates  lost  in  the  battle  killed,  wounded,  and  missing 
6,084.  The  Federal  loss  was  5,739.  The  greater  loss  of  the 
Confederates  was  due  to  their  attacking  the  Federals  in  their 
intrenchments.  This  battle  was  fought  in  the  immediate 
vicinity  of  the  capital  of  the  Confederacy.  Its  safety 
depended  on  the  result. 

In  January,  1862,  our  forces  had  been  defeated  and  Roa- 
noke  Island  lost,  and  Pamlico  Sound  opened  to  the  enemy. 
The  great  battle  at  Corinth  had  been  fought  and  lost  on  the 


ORGANIZATION  OF  THE  CONFEDERATE  GOVERNMENT    119 

6th  of  April,  1862,  in  which  the  aggregate  of  our  killed, 
wounded,  and  missing  was  10,697. 

I  have  made  this  recital  in  order  to  show  the  peril  in  which 
the  Confederate  cause  was  placed  on  the  date  at  which  the 
conscription  law  became  effective,  April  16,  1862. 

At  that  time  the  Confederate  Army  was  composed  chiefly 
of  men  who  had  enlisted  for  the  term  of  twelve  months,  and 
the  term  of  most  of  them  would  then  soon  expire.  After  the 
defeat  of  the  Federal  forces  at  Bull  Run  that  Government 
recognized  the  necessity  of  a  real  army,  and  when  General 
McClellan  advanced  on  Richmond  he  had  a  thoroughly 
organized,  equipped,  and  drilled  force  of  100,000  men.  If 
our  men  were  to  retire  at  the  end  of  their  twelve  months' 
service,  our  only  hope  would  be  to  get  together  an  army  of 
raw,  undisciplined  soldiers  to  meet  the  great  and  well  organ 
ized  and  disciplined  armies  of  the  United  States. 

This  was  the  problem  presented  to  the  President  and  Con 
gress.  If  Congress  had  adopted  the  views  of  Vice-President 
Stephens  and  Governor  Brown  of  Georgia  and  a  few  others 
in  opposition  to  the  law  of  conscription,  this  would  have 
caused  an  inglorious  collapse  of  the  Confederacy  in  1862. 
Now,  since  our  cause  was  lost,  it  may  be  said  such  a  result 
would  have  prevented  the  great  battles  and  loss  of  life  and 
property  which  subsequently  occurred. 

But  was  there  a  patriotic  or  a  sane  man  in  the  Confederacy 
at  that  time,  in  view  of  what  must  have  followed  such  a 
result,  who  would  have  been  willing  to  surrender  our  cause 
and  our  hopes  without  a  further  earnest  and  manly  struggle 
for  self-government,  independence,  and  liberty?  Either  that 
or  the  enactment  of  the  law  of  conscription  was  necessary. 
In  view  of  the  facts  here  presented,  who  is  there  that  would 
say  that  law  should  not  have  been  passed?  Then  as  to  its 
expediency.  Its  constitutionality  was  sustained  by  the 
decisions  of  the  courts  of  several  of  the  States.  Among  them 
was  Virginia,  in  the  case  of  Burrough  vs.  Payton  and 
Abrams  vs.  Payton.  In  them  the  court  said :  "The  conscript 


120  MEMOIRS    BY   JOHN    H.    REAGAN 

law  is  a  legitimate  exercise  of  the  power  of  Congress  to  raise 
armies,  which  is  distinct  from  the  power  to  employ  the  militia 
of  the  country."  And  the  Supreme  Courts  of  the  States  of 
Georgia  and  North  Carolina  made  similar  decisions. 

President  Davis,  in  a  letter  in  answer  to  the  position  of 
Governor  Brown  of  Georgia,  dated  May  29th,  1862,  which 
is  too  long  to  be  copied  here,  demonstrates,  with  unanswer 
able  effect,  the  necessity,  the  constitutionality,  and  the  wis 
dom  of  the  passage  of  that  law.  See  his  Rise  and  Fall  of  the 
Confederate  Government,  pages  506  to  514. 

Fourth.  In  reference  to  the  charge  that  Mr.  Davis  was 
self-willed  and  arbitrary,  and  would  not  accept  the  advice  of 
others,  and  was  extreme  in  his  views,  I  say  that  after  an 
acquaintance  with  him  before  the  war,  and  after  the  war 
ended,  and  having  confidential  relations  with  him  during 
that  entire  struggle,  I  think  I  am  enabled  to  form  a  just 
estimate  of  his  characteristics  and  the  habits  of  his  mind. 
My  conclusion  is  that  he  had  two  characters — one  for  social 
and  domestic  life  and  the  other  for  official  life.  In  the  first 
he  was  one  of  the  most  pleasant  and  genial  men  I  ever  knew, 
a  remarkably  agreeable  conversationalist,  and  all  women  and 
children  seemed  instinctively  to  love  him.  In  the  second  he 
was  wholly  given  up  to  duty.  When  a  subject  came  up  for 
consideration,  if  important,  his  habit  was  to  exhaust  all  avail 
able  sources  of  information  before  reaching  a  conclusion. 
The  conclusion  once  reached,  that  ended  it.  I  suppose  one  of 
the  reasons  why  some  have  supposed  him  to  be  self-willed 
was  because  they  sought  to  discuss  with  him  questions  upon 
which  he  had  formed  and  expressed  his  opinion ;  and  because 
he  would  not  re-discuss  such  questions,  they  assumed  that  he 
was  arbitrary  and  self-willed.  Any  one  knowing  the  great 
number  of  questions  he  had  to  pass  on  will  understand  why 
he  could  not  consent  to  re-discuss  questions  already  dis 
posed  of. 

As  to  his  refusing  to  accept  advice,  I  will  give  an  example 
to  show  the  error  of  this  supposition.    During  the  early  part 


ORGANIZATION  OF  THE  CONFEDERATE  GOVERNMENT    121 

of  1863  the  question  was  discussed  between  the  President, 
his  Cabinet,  and  Gen.  R.  E.  Lee  as  to  whether  our  army 
should  go  north  of  the  Potomac.  General  Lee  favored  such 
a  movement.  One  of  his  reasons  for  it  was  that  army  sup 
plies  had  become  scarce  south  of  that  river,  while  they  were 
abundant  north  of  it.  My  own  belief  is  that  he  favored  such 
a  campaign  because  he  believed  he  commanded  an  invincible 
army,  which  had  been  victorious  in  so  many  great  battles, 
and  in  all  of  them  against  greatly  preponderating  numbers 
and  resources.  At  the  same  time  we  were  considering  the 
importance  and  necessity  of  holding  Vicksburg  and  Port 
Hudson,  and  thereby  preserving  our  communications  with 
the  States  west  of  the  Mississippi,  which  was  a  matter  of 
serious  consequence. 

In  the  Cabinet  I  opposed  the  plan  of  crossing  the  Potomac, 
and  favored  the  plan  of  allowing  General  Lee  to  threaten 
such  a  movement,  without  executing  it;  and  at  the  proper 
time  for  25,000  or  30,000  of  his  army  to  be  sent  to  reinforce 
General  Pemberton  at  Vicksburg.  This  view  was  not 
favored  by  any  other  member  of  the  Cabinet,  and  I  had  to 
give  it  up.  While  I  had  very  decided  views  on  this  subject  I 
had  to  yield.  I  could  not  expect,  on  such  a  question,  to  over 
rule  the  opinion  of  great  military  men  like  President  Davis 
and  General  Lee.  After  a  time  the  President  received  dis 
patches  and  letters  from  both  military  men  and  civilians  in 
high  authority,  urging  the  reinforcement  of  Pemberton  by 
sending  to  his  relief  a  part  of  General  Lee's  command.  Mr. 
Davis  called  the  attention  of  the  Cabinet  to  these  communi 
cations,  and  requested  the  members  to  meet  him  early  the 
next  day  (Saturday)  to  consider  the  question  so  involved. 
This  encouraged  me.  We  met  early  the  next  day  and 
remained  in  session  until  after  dark  in  the  evening,  in  the 
anxious  consideration  of  the  questions  involved  in  the  cam 
paign  of  1863.  This  ended  by  the  conclusion  that  General 
Lee  should  cross  the  Potomac,  and  threaten  Washington, 
Baltimore,  and  Philadelphia,  and  that  Gen.  J.  E.  Johnston 


122  MEMOIRS    BY   JOHN    H.    REAGAN 

should  collect  such  forces  and  supplies  as  he  could  in  the 
Gulf  States  and  go  to  the  relief  of  General  Pemberton.  I  will 
not  now  repeat  the  expressions  I  made  when  this  conclusion 
was  reached.  I  went  to  my  residence  an  unhappy  man,  for  I 
believed  we  had  made  a  great  mistake.  I  could  get  no  relief 
by  talking  even  to  my  wife,  remained  restless  till  probably 
midnight  before  going  to  bed,  and  did  not  go  to  sleep  that 
night.  I  got  up  before  daylight  and  wrote  a  note  to  the 
President  telling  him  in  substance  that  I  felt  so  strongly 
that  we  had  made  a  great  mistake  that  I  had  not  slept  during 
the  night,  and  asking  him  to  again  convene  the  Cabinet  and 
reconsider  that  question.  Very  early  in  the  morning  (Sun 
day)  I  received  his  answer  saying  that  he  would  reconvene 
the  Cabinet  the  next  day.  It  was  not  reconvened  because 
before  he  had  sent  out  his  call  for  the  Cabinet  nearly  all  the 
members  of  it  met  in  his  office,  and  it  at  once  appeared  that 
it  would  be  useless  to  attempt  a  further  consideration  of  that 
subject.  I  have  spoken  of  this  more  fully  elsewhere.  From 
this  it  is  seen  that  after  the  deliberate  consideration  and 
decision  of  a  great  question  the  President  was  willing  to 
reopen  it  for  further  consideration. 

In  reference  to  the  charge  that  Mr.  Davis  was  extreme  in 
his  views  I  make  the  following  quotation  from  a  letter  of  the 
Hon.  J.  A.  P.  Campbell  of  Mississippi,  a  member  of  the  Con 
federate  Congress : 

The  idea  that  Mr.  Davis  was  so  extreme  in  his  views  is  a 
new  one.  He  was  extremely  conservative  on  the  subject  of 
secession. 

I  also  make  the  following  quotation  from  a  letter  of  the 
Hon.  Duncan  F.  Kenner  of  Louisiana,  who  was  a  leading 
member  of  the  Confederate  Congress : 

Who  should  be  President?  was  the  absorbing  question.  No 
other  name  was  mentioned;  the  claims  of  no  one  else  were 
considered,  or  even  alluded  to.  There  was  not  the  slightest 


ORGANIZATION  OF  THE  CONFEDERATE  GOVERNMENT    123 

opposition  to  Mr.  Davis  on  the  part  of  any  of  our  delegation ; 
certainly  none  was  expressed;  all  appeared  enthusiastic  in  his 
favor,  and,  I  have  no  reason  to  doubt,  felt  so.  Nor  was  the 
feeling  induced  by  any  solicitation  on  the  part  of  Mr.  Davis 
or  his  friends.  Mr.  Davis  was  not  in  or  near  Montgomery  at 
the  time.  He  was  never  heard  from  on  this  subject,  so  far  as 
I  know.  He  was  never  announced  as  a  candidate.  We  were 
seeking  the  best  man  to  fill  the  position,  and  the  conviction 
at  the  time,  in  the  minds  of  a  large  majority  of  the  delegates, 
that  Mr.  Davis  was  the  best  qualified,  from  both  his  civil  and 
military  knowledge  and  experience,  induced  many  to  look  upon 
Mr.  Davis  as  the  best  selection  that  could  be  made. 

This  conviction,  coupled  with  his  well-recognized  conserva 
tive  views — for  in  no  sense  did  we  consider  Mr.  Davis  extreme, 
either  in  his  views  or  purposes — was  the  deciding  consideration 
which  controlled  the  votes  of  the  Louisiana  delegation.  Of 
this  I  have  not  the  least  doubt. 

One  of  the  complaints  sometimes  made  against  Mr.  Davis 
was  that  he  was  too  conservative,  adhered  too  closely  to  the 
letter  of  the  Constitution  and  laws,  and  that  it  would  be 
better  for  our  success  if  he  would  give  himself  more  latitude. 
His  whole  course  of  conduct  showed  him  to  be  reasonable, 
conservative,  and  just. 


CHAPTER  X. 
THE  CONFEDERATE  POST  OFFICE  DEPARTMENT 

On  the  way  to  my  hotel  from  the  meeting  with  the  Presi 
dent,  after  I  had  accepted  the  office  of  Postmaster-General, 
I  was  thinking  of  how  I  might  obtain  the  necessary 
information  to  enable  me  to  organize  the  Department,  when 
I  met  H.  P.  Brewster,  Esq.,  a  lawyer  of  ability  and  a  brother- 
in-law  of  the  late  Senator  Chestnut  of  South  Carolina.  I 
inquired  of  him  if  he  was  at  leisure.  He  said  he  was.  I 
asked  him  if  he  could  go  to  Washington  City  for  me.  He 
said  he  could,  and  agreed  that  he  would  go  at  once.  I 
requested  him  to  come  to  my  room  at  the  hotel  half  an  hour 
before  train  time,  telling  him  that  I  would  have  his  instruc 
tions  ready,  and  letters  to  some  persons  in  Washington. 
Communication  was  then  still  open  by  mail  and  express 
between  Montgomery  and  Washington.  I  told  Mr.  Brewster 
that  I  wished  him  to  perform  an  important  service,  and  one 
not  free  from  danger. 

By  the  time  Mr.  Brewster  called  I  had  prepared  letters  to 
Senators  Hemphill  and  Wigfall,  who  were  still  in  Washing 
ton;  and  other  letters  to  Saint  George  Offit,  chief  clerk  in 
the  office  of  the  Sixth  Auditor;  to  Benjamin  Clements,  chief 
clerk  to  the  Postmaster-General ;  to  Joseph  Lewis,  who  was 
at  the  head  of  the  bond  division  in  the  Post  Office  Depart 
ment  ;  to  Captain  Schwartzman,  who  was  at  the  head  of  the 
Dead  Letter  Office;  to  Mr.  McNair  of  the  finance  bureau; 
and  to  Mr.  Hobby,  Third  Assistant  Postmaster-General, 
requesting  them  to  come  and  accept  positions  in  the  Post 
Office  Department  of  the  Confederacy,  and  to  bring  with 


THE   CONFEDERATE    POST    OFFICE   DEPARTMENT        125 

them  copies  of  the  last  annual  report  of  the  Postmaster- 
General  and  every  form  in  the  Department,  together  with 
the  postal  maps  of  the  Southern  States. 

All  the  men  in  the  Department  at  Washing-ton,  to  whom 
I  wrote,  came  to  me,  except  Third  Assistant  Postmaster- 
General  Hobby,  and  a  clerk  from  Florida  whose  name  I  do 
not  recall.  They  brought  to  me  all  the  information  neces 
sary  to  enable  me  to  organize  the  postal  service  of  the  Con 
federacy,  and  also  brought  the  postal  map  of  Texas,  but  were 
unable  to  obtain  the  maps  of  the  other  Southern  States.  I 
instructed  Mr.  Brewster  to  have  a  part  of  the  large  books 
needed  for  the  Department  bound  in  Washington  and  for 
warded  to  me  at  Montgomery  by  express.  There  was  at  the 
time  the  representative  of  a  book  binding  company  of  New 
Orleans  in  Montgomery,  who  undertook  to  bind  and  furnish 
the  principal  part  of  the  books  for  the  Department  and  to 
send  them  by  express.  I  had  a  few  of  the  books  bound  in 
Montgomery. 

Soon  after  the  arrival  of  the  gentlemen  from  Washington, 
they  were  assigned  positions,  and  I  made  such  additional 
appointments  as  the  necessities  of  the  service  demanded.  I 
then  organized  a  school  for  the  purpose  of  enabling  the 
officers  and  clerks  to  qualify  themselves  for  their  respective 
duties,  and  for  my  own  information,  with  sessions  in  the 
Department  building  from  eight  to  ten  o'clock  each  evening. 
The  necessary  books  for  the  use  of  the  Department  were 
soon  received,  and  with  the  information  brought  from 
Washington,  the  appointment  books  were  quickly  made  up, 
containing  the  names  of  all  the  postmasters  under  our  juris 
diction,  with  the  amount  of  the  receipts  of  their  several 
offices,  and  showing,  whether  they  were  draft  or  collection 
offices,  and  also  showing  the  names  and  addresses  of  the 
route  and  special  agents  of  the  Department  and  the  amount 
of  compensation. 

At  the  same  time  we  prepared  the  books  of  the  contract 
office,  showing  all  the  mail  routes  under  our  control,  the 
names  of  the  contractors  for  carrying  mail  on  each  star  route 


126  MEMOIRS    BY   JOHN    H.    REAGAN 

and  the  contract  price,  the  names  of  the  offices  to  be  supplied, 
and  the  like  information  as  to  all  the  contracts  with  railroad 
and  steamboat  companies  for  carrying  the  mails.  We  also 
prepared  a  complete  organization  of  the  finance  bureau  of 
the  Department.  As  Congress  was  then  debating  the  ques 
tion  as  to  whether  the  accounts  of  the  Post  Office  Department 
should  be  audited  by  that  Department  or  by  the  Treasury 
Department,  we  organized  the  bureau  for  the  auditing  of  the 
accounts,  so  that  if  that  duty  devolved  upon  the  Post  Office 
Department,  we  should  be  ready  for  it ;  or  if  upon  the  Treas 
ury,  we  could  furnish  that  Department  with  our  plan  of 
organization.  It  was  determined,  I  think  rightly,  to  put  this 
duty  on  the  Treasury  Department. 

Offices  and  furniture  for  the  Department  were  obtained. 
The  legislation  of  the  Congress  contemplated  the  organiza 
tion  of  the  Department  on  the  same  general  plan  and  prin 
ciples  which  were  found  in  operation  under  the  authority  of 
the  United  States.  In  my  first  annual  report  it  is  stated  that : 

To  organize  the  Department  so  as  to  carry  out  the  purpose 
had  in  view  by  Congress,  to  insure  the  continuance  of  our  postal 
facilities  in  such  manner  as  to  meet  the  public  necessities;  to 
avoid  the  suspension  of  the  postal  service  until  a  new  system 
could  be  adopted  and  put  into  operation,  and  to  prevent  a  serious 
shock  to  the  public  interests  by  a  temporary  suspension  of  mail 
service,  were  the  first  questions  to  be  considered  by  the  Depart 
ment. 

When  the  President  determined  to  call  Congress  together 
in  extra  session  in  May,  he  requested  the  heads  of  the  several 
Departments  to  furnish  him  with  such  data  as  would  enable 
him  to  inform  the  Congress  of  the  progress  in  organization 
which  had  been  made.  At  the  meeting  of  the  Cabinet  he 
called  for  the  presentation  of  our  reports,  and  I  was  able  to 
state  that  the  Post  Office  Department  was  as  completely 
organized  as  that  at  Washington,  with  two  proposed 
improvements,  and  that  I  was  ready  to  inaugurate  the  postal 


THE    CONFEDERATE    POST    OFFICE    DEPARTMENT         127 

service  of  the  Confederacy.  The  President  seemed  to  be 
surprised  at  this  announcement,  and  inquired  what  I  meant. 
I  told  him  that  I  had  the  books  made  up  for  the  appointment, 
the  contract  and  the  finance  bureaus ;  had  also  prepared  the 
books  for  the  bureau  which  might  be  required  to  audit  the 
accounts  of  the  Department ;  and  that  if  he  desired  it,  I  would 
have  such  books  as  showed  this  brought  for  his  inspection. 
He  said,  "No,  I  understand  you ;  but,"  he  added,  "how  were 
you  enabled  to  do  this?"  I  then  explained  what  is  shown 
by  the  foregoing  facts. 

In  my  report  in  which  I  proposed  to  take  charge  of  the 
postal  service,  I  requested  that  the  Congress  authorize  me 
by  proclamation  to  continue  in  office  the  postmasters  then  in 
service  under  the  Government  of  the  United  States,  wherever 
they  were  willing  to  serve,  until  new  appointments  could  be 
made,  and  to  continue  in  the  service  those  who  had  the  con 
tracts  for  carrying  the  mails  under  their  existing  rate  of 
compensation,  where  they  were  willing  to  serve,  until  new 
contracts  could  be  made.  The  Congress  promptly  gave  me 
this  authority,  and  I  at  once  issued  my  proclamation. 

A  draughtsman  was  obtained  to  make  the  necessary  postal 
maps.  The  necessary  blanks  and  forms  (other  than  the 
blanks  for  the  quarterly  returns  of  postmasters),  numbering 
more  than  two  hundred,  were  prepared  for  the  use  of  the 
Department. 

In  my  first  report  I  stated : 

I  have  directed  the  classification  and  arrangement  of  the 
duties  of  the  several  bureaus  of  the  Department  with  a  view 
to  the  harmony  and  efficiency  of  its  operation,  and  for  the  pur 
pose  of  exhibiting  a  clear  and  concise  statement  of  the  number 
and  character  of  the  clerical  force  required  by  the  Department. 
It  will  be  seen  that  a  force  of  eighteen  clerks,  in  addition  to 
the  twenty  heretofore  allowed  by  Congress,  will  be  necessary 
to  carry  on  the  business  of  the  Department,  and  one  watchman 
will  be  necessary  for  the  security  of  the  building. 


128  MEMOIRS    BY   JOHN    H.    REAGAN 

Elsewhere  in  this  report  I  note : 

The  Department  has  advertised  for  bids  for  contracts  for  the 
supply  of  mail  bags,  postoffice  blanks  and  paper  for  the  same, 
wrapping  paper,  twine  and  sealing  wax,  circulars,  marking  and 
dating  stamps,  postage  stamps  and  stamped  envelopes,  and  for 
mail  locks  and  keys. 

These  bids  were  to  be  made  by  the  first  of  May.  And  a 
contract  was  made  for  the  printing  of  all  blanks  for  the  use 
of  the  Department. 

As  illustrative  of  the  measures  resorted  to  to  make  the 
transition  between  the  old  and  the  new  order  of  things  as 
smooth  as  possible,  parts  of  two  circulars  are  quoted.  The 
first  reads : 

The  Government  of  the  Confederate  States  will  not  inter 
fere  with  any  existing  contracts  entered  into  between  the  Gov 
ernment  of  the  United  States  and  the  present  contractors, 
until  it  assumes  the  entire  control  of  its  postal  affairs.  This 
course  is  rendered  necessary  by  the  utter  impracticability  of 
mixing  the  employees  of  the  two  Governments  in  tfie  same 
service. 

The  question  as  to  whether  the  Government  of  the  Confed 
erate  States  will  assume  any  liability  to  present  contractors, 
before  it  assumes  the  control  of  our  postal  affairs,  involves 
the  idea  of  liability  on  the  part  of  the  Government  for  the  obli 
gations  of  the  United  States  before  the  Department  shall  be 
organized  and  ready  to  enter  into  new  contracts.  I  am  author 
ized  to  continue  the  existing  contracts  provisionally,  by  procla 
mation,  until  new  contracts  can  be  entered  into. 

The  second  circular  dealt  with  other  matters.  It  reads  in 
part  as  follows : 

All  postmasters  and  other  employees  of  the  postal  service 
are  directed  to  continue  the  performance  of  their  duties  as 
such,  and  render  all  accounts  and  pay  all  moneys  to  the  order 
of  the  Government  of  the  United  States,  as  they  have  hereto 
fore  done,  until  the  Government  of  the  Confederate  States  shall 
be  prepared  to  assume  control  of  its  postal  affairs. 


THE    CONFEDERATE    POST    OFFICE   DEPARTMENT         129 

The  Congress  of  the  Confederate  States  has,  by  act  approved 
March  15,  1861,  provided  that  the  Postmaster-General  shall 
have  power  to  issue  circular  instructions  to  the  several  post 
masters  and  other  officers,  in  order  to  enforce  the  rendition  of 
proper  accounts  and  payment  of  moneys  collected  by  them  for 
account  of  the  United  States,  until  the  Postmaster-General  shall 
have  issued  his  proclamation  announcing  that  the  former  service 
is  discontinued  and  is  replaced  by  the  new  service  organized 
under  the  authority  of  this  Government. 

Another  paragraph  in  this  proclamation  I  think  may  be 
quoted,  as  it  shows  another  phase  of  the  situation : 

We  must  regard  the  carrying  of  our  mails  at  this  time  by 
that  Government  as  a  great  public  necessity  to  the  people  of 
both  Governments,  resulting  from  their  past  intimate  political, 
commercial,  and  social  relations,  and  alike  important  to  the 
preservation  of  the  present  interests  of  the  people  of  both  coun 
tries  ;  and  while  that  Government,  by  its  action,  consults  such 
considerations,  our  Government  and  its  people  should  act  with 
the  same  high  regard  for  great  public  interests.  Such  a  course 
on  our  part,  springing  from  such  motives,  will  preserve  the 
character  of  our  people  without  impairing  the  dignity  of  our 
Government,  with  far  less  injury  to  the  people  of  both  than 
would  necessarily  follow  from  precipitate  action  on  the  part 
of  either. 

In  the  body  of  my  first  official  report,  all  postmasters  of 
the  Confederacy  are  directed  to  perform  their  duties,  render 
their  accounts  and  pay  over  all  moneys  to  the  Government 
of  the  United  States  which  might  come  into  their  hands  as 
postmasters,  until  this  Department  should  assume  the  entire 
control  of  the  service.  In  that  document  also  occurs  the 
following : 

It  was  hoped  that  this  course  would  have  beneficial  effects, 
by  removing  all  doubts  as  to  the  duty,  for  the  time  being,  of 
those  engaged  in  the  postal  service,  and  by  showing  to  the 
Government  at  Washington  that  so  long  as  it  continued  to 
hold  itself  liable  for  the  mail  service  in  the  Confederate  States, 


130  MEMOIRS    BY   JOHN    H.    REAGAN 

it  should  receive  all  the  revenues  derived  from  that  service. 
It  was  supposed,  too,  that  it  was  greatly  to  the  interests  of 
that  country,  as  well  as  to  the  interests  of  our  own,  to  avoid 
a  sudden  suspension  of  the  postal  communication  between  the 
people  of  the  two  countries,  and  to  avoid  being  brought  at 
once  into  practical  non-intercourse,  which  it  was  supposed 
would  occur  if  this  Department  had  been  required  to  assume 
control  of  the  service  before  its  organization,  and  before  any 
time  had  been  given  to  pass  the  mail  across  the  frontier.  And 
when  that  policy  was  determined  on,  it  was  not  known  that 
active  hostilities  would  occur,  but  it  was  then  supposed  to  be 
still  possible  that  our  separation  from  the  United  States  might 
be  peaceably  effected,  and  that  all  questions  relating  to  the 
public  property  and  to  pecuniary  liability  between  the  two 
countries  might  be  settled  by  them  on  terms  of  equality. 

fe< 

This  may  sound  strange  now,  but  there  was  then  some 
reason  and  some  hope  for  this  result,  not  less  in  the  North 
than  in  the  South,  as  I  have  before  stated. 

My  second  official  report,  dated  November  27,  1861,  con 
tains  the  following  account,  which  is  self-explanatory : 

Under  the  provisions  of  the  first  section  of  the  act  of  Con 
gress  o'f  May  gth,  1861,  "To  amend  an  act  vesting  certain 
powers  in  the  Postmaster-General,  approved  March  15,  1861," 
the  requisite  authority  was  given  to  him  to  issue  his  proclama 
tion,  fixing  the  date  on  which  he  would  assume  control  of 
the  postal  service.  Pursuant  to  that  authority,  the  following 
proclamation  was  issued  on  the  I3th  of  May,  fixing  the  first 
day  of  June  for  the  commencement  of  the  service : 

*  Whereas,  by  the  provision  of  an  act,  approved  March  15, 
1861,  and  amended  by  the  first  section  of  an  act  approved 
May  9,  1861,  the  Postmaster-General  is  authorized,  on  and  after 
a  day  named  by  him  for  that  purpose,  to  take  entire  charge  and 
direction  of  the  postal  service  of  the  Confederate  States;  and 
all  conveyance  of  mails  within  their  limits,  from  and  after 
such  day,  except  by  the  authority  of  the  Postmaster-General,  is 
hereby  prohibited : 

"Now,  therefore,  I,  John  H.  Reagan,  Postmaster-General 
of  the  Confederate  States  of  America,  do  issue  this  proclama 
tion,  notifying  all  postmasters,  contractors  and  special  route 


THE   CONFEDERATE   POST    OFFICE   DEPARTMENT        131 

agents,  in  the  service  of  the  Postoffice  Department,  and  engaged 
in  the  transmission  and  delivery  of  mails,  or  otherwise  in  any 
manner  connected  with  the  service,  within  the  limits  of  the 
Confederate  States  of  America,  that  on  and  after  the  first 
day  of  June,  next,  I  shall  assume  the  entire  control  and  direc 
tion  of  the  postal  service  therein.  And  I  hereby  direct  all 
postmasters,  route  agents  and  special  agents,  within  these  States, 
and  acting  under  the  authority  and  direction  of  the  Postmaster- 
General  of  the  United  States,  to  continue  in  the  discharge  of 
their  respective  duties,  under  the  authority  vested  in  me  by 
the  Congress  of  the  Confederate  States,  in  strict  conformity 
with  such  existing  laws  and  regulations  as  are  not  inconsistent 
with  the  laws  and  Constitution  of  the  Confederate  States  of 
America,  and  such  further  instructions  as  may  hereafter  be 
issued  by  my  direction.  And  the  said  postmasters,  route  agents 
and  special  agents  are  also  required  to  forward  to  this  Depart 
ment,  without  delay,  their  names  with  the  names  of  the  offices 
of  which  they  are  postmasters  (giving  the  State  and  county), 
to  be  directed  to  the  chief  of  appointment  bureau,  in  order  that 
the  new  commissions  may  be  issued  under  the  authority  of 
this  Government.  And  all  postmasters  are  required  to  render 
to  the  Postoffice  Department  at  Washington,  D.  C.,  their  final 
accounts  and  vouchers  for  postal  receipts  and  expenditures  up 
to  the  3  ist  of  this  month,  taking  care  to  forward  with  said 
accounts  all  postage  stamps  and  stamped  envelopes  remaining 
on  hand,  belonging  to  the  Postoffice  Department  of  the  United 
States,  in  order  that  they  may  receive  the  proper  credits  there 
for,  in  the  adjustments  of  their  accounts;  and  they  are  further 
required  to  keep  in  their  possession,  to  meet  the  orders  of  the 
Postmaster-General  of  the  United  States,  for  the  payment  of 
mail  service  within  the  Confederate  States,  all  revenue  which 
shall  have  accrued  from  the  postal  service  to  the  said  first  day 
of  June,  next. 

"All  contractors,  mail  messengers  and  special  contractors  for 
carrying  the  mails  within  the  Confederate  States,  under  the 
existing  contracts  with  the  Government  of  the  United  States, 
are  hereby  authorized  to  continue  to  perform  such  service  under 
my  direction,  from  and  after  the  day  last  named  above,  subject 
to  such  changes  and  modifications  as  may  be  found  necessary, 
under  the  powers  vested  in  the  Postmaster-General  by  the 
terms  of  said  contracts  and  the  provisions  of  the  second  sec 
tion  of  an  act  approved  May  9,  1861,  conformable  thereto.  And 


132  MEMOIRS    BY    JOHN    H.    REAGAN 

said  contractors  and  special  contractors  and  mail  messengers 
are  required  to  forward,  without  delay,  the  number  of  their 
route  or  routes  and  the  nature  of  the  service  thereon,  the  sched 
ules  of  arrivals  and  departures,  the  names  of  the  offices  sup 
plied  and  the  amount  of  the  annual  compensation  for  present 
services,  together  with  their  address,  directed  to  the  chief  of 
the  contract  bureau. 

"Until  a  postal  treaty  shall  be  made  with  the  Government  of 
tfie  United  States  for  the  exchange  of  mails  between  that  Gov 
ernment  and  the  Government  of  the  Confederacy,  postmasters 
will  not  be  authorized  to  collect  United  States  postage  on  mail 
matter  sent  to  or  received  from  those  States,  and  until  postage 
stamps  and  stamped  envelopes  are  procured  for  the  payment 
of  postage  within  the  Confederate  States,  all  postage  must  be 
paid  in  money,  under  the  provisions  of  the  first  section  of  the 
act  of  March  ist,  1861." 

The  requirement  was  made  that  postmasters,  acting  under 
the  authority  of  the  United  States  and  before  the  Postmaster- 
General  of  the  Confederacy  took  the  control  of  the  postal 
service,  should  render  their  accounts  to  the  United  States, 
and  pay  to  that  Government  all  moneys  up  to  the  ist  of  June, 
1 86 1,  and  should  return  all  postage  stamps,  stamped  envel 
opes,  and  other  property  pertaining  to  the  postal  service, 
except  mail  bags  and  locks  and  keys.  This  measure  was 
necessary,  if  any  adjustment  of  accounts  was  to  follow  the 
termination  of  hostilities  and  the  coming  peace,  and  was 
also  necessary  in  order  that  there  should  be  no  time  when 
they  were  not  responsible  to  one  Government  or  the  other, 
and  also  because  if  they  had  not  been  held  responsible  in  this 
way,  the  temptation  to  embezzle  would  have  been  offered  and 
might  have  led  to  serious  consequences. 

The  Hon.  Montgomery  Blair,  Postmaster-General  of  the 
United  States,  issued  his  proclamation  suspending  the  postal 
services  in  the  States  then  composing  the  Confederate  Gov 
ernment,  to  take  effect  on  the  first  day  of  June,  the  day  on 
which  the  service  was  taken  up  by  the  Confederate  authori 
ties.  Whether  this  was  by  accident  or  design,  I  am  not 


THE    CONFEDERATE    POST    OFFICE   DEPARTMENT         133 

informed,  but  I  think  it  was  most  probably  the  result  of  a 
purpose  to  meet  the  equitable  design  mentioned  in  my 
proclamation,  and  in  order  to  avoid  a  clash  in  the  service  and 
to  maintain  the  responsibility  and  enforce  the  obligations  of 
those  connected  with  the  postal  service. 

I  have  thus  given  a  partial  view  of  the  organization  of 
the  Post  Office  Department  of  the  Confederacy,  and  will  now 
give  some  facts  in  relation  to  its  operation. 

The  provisional  Constitution  of  the  Confederacy  required 
the  Post  Office  Department  to  be  self-sustaining  after  the  ist 
of  March,  1863.  The  expenditures  in  connection  with  the 
mail  service  by  the  Government  of  the  United  States,  for  the 
year  ending  June  30,  1860,  in  the  States  then  under  the  con 
trol  of  the  Confederacy,  amounted  to  $2,879,53079,  and  the 
receipts  into  the  Treasury  from  the  same  States  for  that  year 
amounted  to  but  $938,105.34,  showing  a  deficiency  of 
$1,941,425.45.  With  these  figures  before  me,  I  could  see 
but  little  hope  of  meeting  such  a  deficiency,  or  of  coming 
within  the  requirement  of  the  Constitution  above  mentioned. 
The  cost  of  the  railway  mail  service  for  that  year,  in  the 
same  States,  was  $635,901,  being  nearly  equal  to  the  whole 
amount  of  receipts  into  the  Treasury.  As  one  means  of  over 
coming  this  deficiency,  I  issued  a  circular  on  the  26th  of 
April,  1 86 1,  and  had  copies  of  it  sent  to  the  principal  officers 
of  all  the  railroad  companies  in  the  Southern  States,  calling 
attention  to  the  requirements  of  the  Constitution,  and  to  the 
amount  of  the  expenditures  on  account  of  the  postal  service 
in  the  previous  year,  and  the  receipts  into  the  Treasury  for 
the  same  year,  and  also  to  the  cost  of  the  railway  mail  service, 
and  requested  them  to  meet  me  in  the  city  of  Montgomery 
on  an  appointed  day,  "for  the  purpose  of  considering  the 
means  of  reducing  the  cost  of  the  railroad  service,  and 
with  the  view  of  having  some  general  equitable  under 
standing  with  them."  This  call  was  responded  to  by  all  the 
railroad  companies,  with  one  or  two  exceptions.  The  mail 
pay  they  were  then  receiving  was,  for  first-class  railroads, 


134  MEMOIRS    BY   JOHN    H.    REAGAN 

$300  per  mile,  with  twenty-five  per  cent  to  be  added  for 
night  service;  second-class  railroads,  $200  per  mile;  third- 
class  roads,  $100  per  mile,  with  twenty  per  cent,  more  in  each 
case  for  night  service.  This  conference  resulted  in  the  rail 
road  companies  patriotically  agreeing  to  reduce  the  mail  pay 
one-half,  and  to  take  the  bonds  of  the  Confederacy  in  pay 
ment,  but  with  the  stipulation  that  they  were  not  to  be  bound 
by  these  terms  after  the  war  ended.  The  rates  of  postage  on 
letters,  packages,  and  newspapers  were  raised ;  the  lowest  rate 
of  letter  postage  was  five  cents  for  one-half  ounce.  Unneces 
sary  mail  routes  were  discontinued ;  the  number  of  trips  on 
some  routes  were  reduced;  the  weight  of  the  mails  was 
lessened  in  consequence  of  the  abolition  of  the  franking  privi 
lege  ;  long  routes  were  shortened  so  as  to  induce  competition 
for  carrying  of  mails;  duplicate  routes  were  discontinued, 
and  in  many  cases  cross  routes  were  found  unnecessary. 
By  these  and  many  other  means,  the  cost  of  service  was 
greatly  reduced  without  seriously  impairing  its  usefulness. 
I  have  before  me  a  full  set  of  my  official  reports.  These 
reports  were  taken  from  me  when  I  was  made  a  prisoner  of 
war,  along  with  President  Davis  and  others,  on  the  loth  of 
May,  1865.  I  am  indebted  to  the  kindness  of  Gen.  Marcus 
J.  Wright,  and  to  the  courtesy  of  the  Postmaster-General  of 
the  United  States  for  their  recent  return  to  me.  These 
reports  contain  much  valuable  statistical  information,  and 
data  on  subjects  connected  with  the  administration  of  that 
Department  which  might  interest  the  intelligent  reader. 
However,  I  shall  not  make  this  chapter  longer  by  calling 
attention  to  the  estimates  of  receipts  and  expenditures  of  the 
Department  from  year  to  year,  but  I  will  state  generally,  that 
while  these  expenditures  and  receipts  were  increased  as  a 
number  of  States  were  added  to  the  Confederacy,  these 
reports  show  that  this  service  was  from  the  start  made  self- 
sustaining,  and  that  each  year  from  1861  to  1865  there  was 
annually  a  net  increase  of  receipts  over  expenditures. 


THE   CONFEDERATE   POST   OFFICE   DEPARTMENT        135 

A  noteworthy  fact  in  this  connection  is  that  the  number 
of  officers  and  clerks  in  this  service  was  not  as  great  by  one- 
half  as  for  a  like  amount  of  service  in  the  United  States  Post 
Office  Department.  It  should  also  be  observed  that  we  did 
not  have  First,  Second,  and  Third  Assistant  Postmaster- 
Generals  as  in  the  United  States.  Our  officers  corresponding 
to  these  were  the  Chief  of  the  Contract  Bureau,  the  Chief  of 
the  Finance  Bureau,  and  the  Chief  of  the  Bureau  of  Appoint 
ments. 

I  shall  not  forego  the  opportunity — and  I  trust  that  my 
motives  will  not  be  misunderstood — to  observe  that  there  is 
much  in  these  reports  to  suggest  economy  in  the  Post  Office 
Department  of  the  United  States ;  and  I  dare  say,  from  recent 
divulgences,  that  this  is  greatly  needed.  I  am  informed  that 
a  thorough  overhauling  and  revision  of  mail  routes  has  been 
made  but  twice  in  the  United  States,  once  by  Dr.  Franklin, 
and  once  by  Postmaster-General  McLean.  It  would  be  a 
considerable  undertaking,  but  if  gone  through  with  carefully 
and  efficiently  it  would  no  doubt  reduce  the  expenditures  of 
the  Post  Office  Department  millions  of  dollars  annually. 


CHAPTER  XI 
THE  STRUGGLE  FOR  RICHMOND 

On  the  2  ist  of  May,  1861,  the  Provisional  Congress  at 
Montgomery  adopted  a  resolution  to  adjourn  on  the  next 
Tuesday,  to  meet  again  July  20  at  Richmond,  Virginia.  And 
the  President  was  authorized  to  have  the  Executive  Depart 
ments  with  their  archives  removed  in  the  mean  time  to  the 
new  seat  of  government.  I  thereupon  directed  the  heads  of 
the  bureaus  of  the  Post  Office  Department  to  have  its  offices 
and  archives  removed  to  Richmond ;  and  I  returned  to  Texas 
to  make  the  necessary  arrangements  for  absence  from  my 
home,  and  to  take  with  me  my  family  to  the  new  capital  of 
the  Confederacy,  which  place  we  reached  the  latter  part  of 
June.  Henceforth,  Richmond  was  to  be  the  heart  of  the 
Confederacy,  and  her  inhabitants  were  to  give  proof  that 
never  were  braver,  nobler  souls  engaged  in  Titanic  struggle. 

The  echoes  of  Fort  Sumter  had  wakened  the  dogs  of  war, 
and  throughout  the  North  rang  the  cry,  "On  to  Richmond" ; 
"Down  with  the  traitors."  We  on  our  part  responded  as 
best  we  might,  and  were  nothing  fearful  when  the  grand 
army  of  General  McDowell  swept  across  the  fields  of  Vir 
ginia.  The  tale  of  Bull  Run  was  briefly  told,  and  the  Con 
federacy  was  mightily  cheered  by  the  overwhelming  victory. 
But  that  the  war  was  ended,  not  one  of  the  official  circle 
imagined.  Indeed,  it  was  not  long  until  the  Army  of  the 
Potomac  under  Gen.  George  B.  McClellan  numbered  168,000 
men,  while  opposed  to  him  Gen.  Joseph  E.  Johnston  had  but 
41,000  effectives.  But  thanks  to  dilatoriness,  there  was  no 
active  campaign  during  the  fall  and  winter,  and  we,  by  great 


THE    STRUGGLE    FOR    RICHMOND  137 

exertions,  were  enabled  to  increase  our  strength  by  the  spring 
of  1862,  when  the  Federals  once  more  made  ready  to  advance 
on  Richmond,  so  that  at  the  battle  of  Seven  Pines  our  army 
numbered  approximately  70,000,  while  the  Federals  had  but 
100,000. 

At  first  we  were  in  great  doubt  as  to  which  line  of  advance 
McClellan  would  adopt,  and  toward  the  end  of  February 
General  Johnston  retired  from  his  advanced  post  at  Occo- 
quan  and  made  ready  for  any  emergency.  When  the  Union 
army  took  the  field,  it  was  soon  made  clear  that  the  peninsula 
between  the  York  and  James  rivers  was  the  chosen  route. 

It  was  a  source  of  much  satisfaction  to  us  that  a  small 
force  of  12,000  of  our  troops  under  General  Magruder  at 
Yorktown  brought  to  bay  for  a  month  the  imposing  Army 
of  the  Potomac.  Slowly,  however,  our  troops  fell  back  and 
the  Federals  advanced,  until  it  became  a  concern  of  the  Gov 
ernment  as  to  where  the  gage  of  battle  would  be  accepted. 
When  General  Johnston  reached  the  vicinity  of  the  Chicka- 
hominy,  on  the  high  ground  bordering  the  river  swamp,  he 
formed  his  line  to  give  battle,  and  sent  a  dispatch  to  President 
Davis  advising  him  of  the  fact.  The  Cabinet  was  in  session 
when  the  dispatch  was  received ;  and  the  members  suggested 
to  the  President  the  manifest  danger  of  General  Johnston's 
offering  battle  to  a  superior  force  with  his  rear  on  such  a 
stream  as  that  of  the  Chickahominy,  where  the  swamp  was 
wide  with  no  roads  or  bridges  sufficient  to  enable  him  to 
retreat  if  he  should  be  defeated.  A  further  question  was 
raised  as  to  whether  the  President  should  not  call  General 
Johnston's  attention  to  this.  Mr.  Davis  declined  to  do  so, 
saying  that  when  we  entrusted  a  command  to  a  general,  we 
must  expect  him,  with  all  the  facts  before  him,  to  know  what 
is  best  to  be  done ;  that  it  would  not  be  safe  to  undertake  to 
control  military  operations  by  advice  from  the  capital.  This 
I  know  to  have  been  his  policy  throughout  the  war,  adverse 
critics  to  the  contrary  notwithstanding. 


138  MEMOIRS    BY   JOHN    H.    REAGAN 

The  next  morning,  instead  of  receiving  the  report  of  a 
battle,  the  President  received  a  dispatch  from  General  John 
ston  saying  that  he  was  retiring  across  the  Chickahominy, 
and  would  contest  the  crossing  of  that  stream  with  McClel- 
lan.  There  was  in  the  Cabinet  an  expression  of  relief  when 
his  dispatch  was  read.  The  Chickahominy  was  crossed  some 
twenty-five  miles  from  Richmond. 

The  day  after  this  crossing  was  made,  I  rode  down  to  our 
lines  and  camped  that  night  with  Hood's  brigade,  and  the 
next  day  marched  with  it  to  where  we  went  into  camp,  a 
little  below  Rockets,  a  suburb  of  Richmond.  About  the  hour 
of  noon,  as  I  was  returning  to  my  residence,  in  passing  the 
Executive  office,  I  saw  the  President  coming  out.  He  hailed 
me  and  requested  that  when  I  got  my  dinner  I  should  come 
and  go  with  him  down  to  the  Chickahominy  to  see  General 
Johnston.  As  I  rode  off  I  said  to  him  that  he  would  not  have 
to  go  to  the  Chickahominy  to  see  the  General.  From  what 
occurred  afterward  it  was  apparent  that  he  had  not  caught 
my  words. 

After  dinner  we  rode  out  through  Rockets,  and  on  reach 
ing  the  high  ground,  the  President  asked  me  what  those  tents 
were,  indicating  an  encampment  a  half  mile  or  so  from  us. 
I  told  him  they  were  the  tents  of  Hood's  brigade. 

"No!"  he  exclaimed;  "Hood's  brigade  is  down  on  the 
Chickahominy." 

I  replied  that  I  had  camped  with  it  the  night  before,  and 
had  come  there  with  it.  Riding  on  a  little  farther  I  remarked, 
"If  you  want  to  see  General  Johnston,  he  is  in  the  brick  house 
off  to  our  right." 

Again  he  objected,  not  seeming  to  be  able  to  realize  the 
situation :  "No,  General  Johnston  is  down  on  the  Chicka 
hominy." 

To  which  I  answered  that  I  had  seen  him  and  his  staff  go 
to  that  house  that  day.  The  look  of  surprise  which  swept 
over  his  face  showed  a  trace  of  pain. 


THE    STRUGGLE   FOR   RICHMOND  139 

Mr.  Davis  and  one  of  his  staff  officers,  I  believe  it  was 
Colonel  Ives,  turned  off  to  the  General's  headquarters ;  and 
I  rode  on  to  Hood's  camp.  The  President  never  told  me 
what  occurred  between  him  and  General  Johnston;  but  his 
staff  officer  did.  He  said  the  President  inquired  of  the  Gen 
eral  why  he  was  in  the  suburbs  of  Richmond,  and  had  not 
contested  the  crossing  of  the  Chickahominy  with  General 
McClellan.  General  Johnston's  answer  was  that  the  army 
was  out  of  provisions,  that  the  ground  near  the  Chicka 
hominy  was  low  and  marshy  and  the  water  bad ;  and  that 
he  had  brought  the  army  near  Richmond  where  the  ground 
was  dry,  the  water  good,  and  to  be  that  much  nearer  needed 
supplies.  The  President  inquired  if  Richmond  was  to  be 
given  up  without  a  battle;  and  not  getting  a  satisfactory 
answer  as  to  whether  it  would  or  not,  said  to  General  John 
ston  that  if  he  was  not  going  to  give  battle,  he  would  appoint 
some  one  to  the  command  who  would.  This  will  throw  light 
on  what  subsequently  occurred  between  them. 

The  President's  anxiety  was  known  to  the  Cabinet.  He 
invited  Gen.  Robert  E.  Lee,  who  was  then  acting  in  the 
capacity  of  military  adviser  or  consulting-general*  to  the 
President,  to  meet  with  the  Cabinet,  and  when  we  were  con 
vened  Mr.  Davis  announced  his  solicitude  and  requested 
General  Lee's  opinion  as  to  the  next  best  line  of  defense,  if 
Richmond  should  be  abandoned.  General  Lee,  after  discuss 
ing  the  question  as  a  military  engineer,  stated  that  the  next 
best  line  of  defense  would  be  at  Staten  River.  "But,"  he 
added,  "Richmond  must  not  be  given  up — it  shall  not  be 
given  up."  As  he  spoke  the  tears  ran  down  his  cheeks.  I 
have  seen  him  on  many  occasions  and  at  times  when  the 
very  fate  of  the  Confederacy  hung  in  the  balance;  but  I  never 
saw  him  show  equally  deep  emotion. 


*It  ought  to  be  noted  that  General  Lee  had  just  returned  to  Richmond 
from  his  unsuccessful  West  Virginia  campaign.  For  his  failure  there, 
he  had  been  subjected  not  only  to  criticism  but  to  abuse.  Mr.  Davis's 
confidence  in  him  had  not  been  shaken. 


140  MEMOIRS    BY    JOHN    H.    REAGAN 

On  the  3  ist  of  May,  1862,  battle  was  joined  between  the 
armies  of  McClellan  and  Johnston — known  as  Seven  Pines 
or  Fair  Oaks.  On  the  morning  of  that  day  I  rode  with  the 
President  to  the  front,  and  found  General  Lee  with  General 
Magruder  at  the  headquarters  of  the  latter.  I  left  them  and 
rode  on  with  General  Hatton  until  we  overtook  his  brigade, 
and,  leaving  the  General,  passed  on  to  where  General  G.  W. 
Smith  was  putting  the  Confederate  brigades  into  battle  as 
they  came  up.  I  had  promised  the  men  of  Hood's  brigade 
that  if  they  got  into  a  battle  near  Richmond,  I  would  try  to 
be  with  them.  In  going  to  the  front,  I  met  General  Ran 
dolph,  the  Secretary  of  War,  who,  on  learning  my  purpose 
to  join  the  Texas  men,  advised,  "You  had  better  go  back 
with  me;  Yankee  bullets  have  no  respect  for  Postmaster- 
Generals." 

On  reaching  General  Smith  I  inquired  of  him  where  I 
would  find  Hood's  brigade.  He  said  he  could  not  tell  me, 
but  that  if  I  would  take  the  right  hand  road  of  the  three  that 
branched  off  there,  and  keep  a  lookout  to  the  right  I  might 
possibly  find  it  in  half  a  mile  or  so.  I  rode  on  to  the  field 
at  Fair  Oaks  House,  and  saw  some  men  across  the  railroad 
at  the  far  side  of  the  field.  It  was  cloudy,  and  that  together 
with  the  smoke  on  the  field  kept  me  from  knowing  who  they 
were  until  I  got  near  them.  When  I  reached  them  they 
raised  a  shout,  and  that  seemed  to  have  invited  the  opening 
of  the  enemy's  artillery  on  them.  The  firing  was  quite  rapid. 
About  one-half  of  the  brigade  was  there,  but  on  account  of 
the  boggy  condition  of  the  ground,  the  field  officers  and 
the  remainder  of  the  brigade  had  not  been  able  to  reach  that 
place,  and  there  were  no  officers  present  above  the  rank  of 
captain.  They  requested  me  to  lead  them  in  a  charge.  In 
the  absence  of  all  information  and  authority  as  to  what 
should  be  done,  I  thought  it  best  not  to  risk  such  a  step. 
The  men  lay  down,  and  were  being  furiously  shelled,  when 
I  saw  some  persons  ride  up  to  the  Fair  Oaks  House,  nearly 
midway  between  where  we  were  and  the  Federal  batteries. 


THE    STRUGGLE    FOR    RICHMOND  141 

Through  the  smoke  I  thought  it  to  be  General  Johnston  and 
his  staff,  and  galloped  to  where  they  were.  General  Johnston 
was  in  the  house.  I  did  not  dismount  and  did  not  see  him, 
but  the  Hon.  Muscoe  Garnett,  with  whom  I  had  served  four 
years  in  Congress,  and  Major  J.  D.  Banks,  two  members  of 
his  staff,  were  in  the  yard,  and  I  somewhat  emphatically 
expressed  my  surprise  that  the  commander  of  an  army  in  a 
great  battle  should  put  himself  in  a  position  where  he  could 
not  live  long,  saying  that  his  example  would  encourage  no 
one,  as  the  officers  and  men  could  not  know  where  he  was. 
This  statement  was  taken  to  him,  and  I  was  advised  by  the 
officer  who  took  it  that  his  only  answer  was  that  this  was  no 
time  to  look  for  safe  places. 

At  this  time  General  Hatton  came  up  within  a  short  dis 
tance  of  us  and  I  rode  to  where  he  was.  He  ordered  his  men 
to  front,  load,  and  forward  by  the  front.  As  he  rode  off  at 
the  head  of  his  brigade  he  turned  to  me  and  said  he  hoped 
we  might  meet  again.  These  were  probably  his  last  words, 
as  he  had  gone  but  a  short  distance  when  he  was  killed  by  a 
shot.  I  there  witnessed  the  advance  of  his  and  of  Petti- 
grew's  brigades  on  the  Federal  line  of  earthworks,  bristling 
with  cannon.  While  this  was  their  first  battle  they  showed 
the  steadiness  of  regulars,  and  marched  into  the  jaws  of 
death. 

I  passed  across  the  field  into  the  woods  beyond  it,  and 
there  found  President  Davis  and  Generals  Lee  and  Magruder 
under  a  fire  of  small  arms.  I  protested  against  the  Presi 
dent's  unnecessary  exposure  and  said  to  them  that  I  had  just 
left  General  Johnston  where  he  was  in  great  danger,  exposed 
as  he  was  to  the  enemy's  fire.  A  few  minutes  later  a  courier 
came  from  our  left  and  announced  that  General  Hampton 
had  been  wounded;  and  at  nearly  the  same  time  another 
announced  that  General  Johnston  had  been  killed ;  and  after 
a  short  interval  he  was  brought  past  us  on  a  stretcher,  appar 
ently  in  a  lifeless  condition.  President  Davis  at  once  gave 
General  Lee  verbal  direction  to  take  command  of  the  army 


142  MEMOIRS    BY   JOHN    H.    REAGAN 

and  to  issue  the  necessary  orders.  The  archives  of  the  War 
Department  show  that  he  was  appointed  to  the  command 
three  days  later,  but  he  assumed  control  of  the  field  during 
the  battle,  as  indicated.  Gen.  G.  W.  Smith  was  next  in  rank 
to  General  Johnston,  and  the  records  indicate  that  he  was  in 
command  of  the  army  three  days,  which  came  from  the  delay 
in  issuing  the  formal  order  of  appointment  to  General  Lee. 
General  Smith,  because  of  Mr.  Davis's  failure  to  put  him  in 
command,  was  aggrieved  and  became  an  active  enemy  of 
the  President  afterward.  Mr.  Davis  had  great  respect  for 
General  Smith,  he  having  been  proposed  for  Secretary  of 
War,  but  thought  General  Lee  the  proper  man  to  take  com 
mand  of  the  army. 

In  this  battle  we  lost  in  killed,  wounded  and  missing, 
6,084  officers  and  men;  the  Federal  loss  was  stated  to  be 
4,857,  our  greater  loss  resulting  from  our  having  to  attack 
their  earthworks.  The  Confederate  loss  of  officers  was  so 
great,  owing  to  their  leading  their  men  in  the  charges,  that 
General  Lee  issued  an  order  to  the  effect  that  thereafter  they 
should  occupy  their  prescribed  positions  in  battle.  But  I  may 
state  that  this  order  was  often  violated,  many  of  our  most 
gallant  leaders  being  killed  at  the  head  of  their  commands. 

During  the  first  day's  fighting,  as  I  have  stated,  I  was  on 
the  battlefield  and  under  the  fire  of  both  artillery  and  small 
arms.  I  reached  the  field  and  rode  over  it  with  the  President, 
after  the  main  part  of  the  fighting  of  the  second  day  was 
over,  though  we  witnessed  the  shelling  by  the  Federals  of 
some  cars  used  as  temporary  hospitals  for  our  wounded,  in 
spite  of  the  fact  that  yellow  flags  were  flying  over  them. 

Among  the  sights  I  had  in  early  years  wished  to  see  was 
the  field  of  a  great  battle.  In  riding  over  the  ground  that 
day  a  scene  was  presented,  especially  on  and  near  the  Wil- 
liamsburg  road,  such  as  I  trust  I  shall  never  have  to  witness 
again.  In  that  part  of  the  field  the  Confederates  had  stormed 
and  captured  lines  of  very  strong  earthworks,  and  held  them. 
The  ground  over  which  the  armies  fought  was  very  wet  and 


THE   STRUGGLE   FOR    RICHMOND  143 

soft,  and  as  we  rode  along  our  horses  much  of  the  time  were 
bogged  up  to  their  knees ;  and  it  was  covered  with  the  dead 
and  wounded  men  of  both  armies,  wrecked  and  overturned 
gun  carriages,  exploded  caissons,  and  abandoned  ambu 
lances.  Great  numbers  of  small  arms  and  accouterments 
were  scattered  among  the  dead  and  wounded  soldiers.  The 
sight  was  so  ghastly  and  sickening  as  to  cause  me  to  wish 
that  there  might  be  no  more  wars. 

After  an  indecisive  battle  McClellan  drew  the  corps  he 
had  advanced  beyond  the  Chickahominy  back  across  that 
stream.  Nearly  a  month  elapsed  before  the  opposing  armies 
were  again  in  conflict.  Once  more  the  Confederates  were  the 
aggressors,  and  June  26th  began  what  is  known  as  the  "seven 
days'  battles,"  which  ended  at  Malvern  Hill,  where  the  Fed 
erals,  under  the  protection  of  their  gunboats  on  the  James 
River,  were  glad  enough  to  find  refuge — and  for  the  second 
time  the  Army  of  the  Potomac  had  failed  to  reach  Richmond. 

In  the  course  of  the  seven  days'  fighting,  at  the  battle  of 
Games'  Mill,  there  occurred  a  struggle  which  has  few  paral 
lels  for  heroic  courage  and  valor  in  all  the  annals  of  war. 
Because  of  the  part  taken  in  it  by  Texans,  I  shall  relate  some 
of  the  circumstances. 

A  part  of  the  Federal  forces  occupied  a  very  strong  posi 
tion  on  a  hill  on  the  east  side  of  Games'  Mill  Creek,  with 
three  lines  of  infantry;  one  was  stationed  about  a  third  of 
the  distance  from  the  foot  of  the  hill,  the  second  about  half 
way  up,  and  the  third  between  that  one  and  the  top  of  the 
hill,  which  was  probably  300  or  400  feet  high.  Their  lines 
were  protected  by  fallen  trees,  with  a  swamp  and  abattis  one 
or  two  hundred  yards  wide  in  their  front.  The  crown  of 
the  hill  was  occupied  by  the  field  batteries  of  the  enemy.  In 
order  to  attack  this  position  the  Confederate  soldiers  had  to 
advance  through  a  gradually  descending  open  field.  Two 
assaults  had  been  repulsed,  when,  in  the  general  movement 
of  the  forces,  Hood's  brigade  was  brought  to  its  front.  Gen 
eral  Lee  inquired  of  him  whether  he  thought  he  could  take  it. 
Hood's  answer  was  in  the  affirmative. 


144  MEMOIRS    BY    JOHN    H.    REAGAN 

It  so  happened  that  the  First  Regiment  of  Texas  infantry, 
commanded  by  Col.  John  Marshall,  was  launched  against  the 
Federal  stronghold.  Colonel  Marshall  was  soon  killed ;  the 
lieutenant-colonel  was  very  seriously  and  the  major  mor 
tally  wounded  before  the  advance  reached  the  creek,  and 
many  others  of  the  regiment  were  killed  or  wounded  before 
they  got  through  the  abattis.  This  regiment,  with  no  officer 
above  the  grade  of  captain,  drove  the  three  lines  of  infantry 
from  their  defenses,  and  captured  the  artillery  which 
crowned  the  hill,  and  which  had  been  pouring  a  deadly  fire 
into  the  charging  columns.  A  few  hundred  yards  farther 
on  the  Texans  saw  two  field  batteries  across  a  depression  of 
the  field.  Before  they  had  gone  far,  however,  they  were 
assailed  by  a  brigade  of  Federal  cavalry  under  General 
McCook.  This  was  put  to  flight  and  then  the  Texans  again 
rushed  forward  and  captured  the  batteries. 

The  Fifth  Texas  Regiment,  commanded  by  Col.  Jerome 
B.  Robertson,  had  also  broken  through  the  Federal  lines  and 
come  in  view  of  what  was  left  of  the  First  Regiment.  Rob 
ertson's  statement  made  afterward  to  me  was  that  when  he 
saw  General  McCook's  cavalry  moving  rapidly  to  the  attack 
of  the  First  Texas  Regiment,  and  saw  the  small  remainder 
of  that  regiment,  it  made  his  heart  ache,  as  it  seemed  out  of 
the  question  for  them  successfully  to  resist  such  a  force.  But 
he  said  the  men  quickly  aligned  and  stolidly  awaited  the 
attack,  and  that  when  the  brigade  got  within  range  he  never 
saw  saddles  emptied  so  fast. 

The  cavalry  recoiled,  defeated,  and,  as  soon  as  this  was 
accomplished,  and  the  field  batteries  taken,  the  Texans 
started  for  a  Federal  siege  battery,  nearly  a  mile  farther  on. 
Gen.  T.  J.  Chambers,  who  had  followed  them,  as  a  looker-on, 
hastened  after  them  and  got  them  to  stop,  saying  that  the 
enemy  was  then  in  their  rear,  and  that  if  they  went  forward 
they  would  certainly  be  captured.  Colonel  Robertson's  regi 
ment  then  joined  the  remainder  of  Marshall's,  and  on  their 
return  they  found  that  the  gap  they  had  made  in  passing 


THE    STRUGGLE    FOR    RICHMOND  145 

through  the  Federal  line  had  been  occupied  by  a  New  Jersey 
regiment,  which  on  demand  surrendered.  The  beautiful  silk 
banner  of  this  regiment  was  sent  as  a  trophy  to  Austin, 
Texas ;  and  was  after  the  war  returned  to  New  Jersey  by  the 
military  governor,  Hamilton. 

The  First  Texas  Regiment  went  into  the  battle  with  more 
than  eight  hundred  men;  but  came  out  of  it,  after  this  bril 
liant  exploit,  with  a  roll  call  of  a  little  over  two  hundred. 
After  that  on  different  occasions  General  Lee  urged  me  to 
aid  him  in  getting  a  division  of  Texans  for  his  command, 
remarking  that  with  such  a  force  he  would  engage  to  break 
any  line  of  battle  on  earth  in  an  open  field. 


CHAPTER  XII 
CABINET  AND  OTHER  QUESTIONS 

At  the  first  meeting  of  the  Cabinet  after  my  appointment, 
the  Secretary  of  War,  the  Hon.  L.  P.  Walker,  reported  that 
the  Confederate  States  could  arm  and  equip  10,000  men; 
and  the  question  was,  what  disposition  should  be  made  of 
them?  The  matter  was  submitted  to  the  Cabinet  by  the 
President,  with  the  request  for  expressions  of  opinion.  After 
the  other  members  had  spoken  I  said  that  I  was  unable  to 
concur  with  any  of  the  views  which  had  been  presented ;  that 
in  my  opinion  5,000  of  the  troops  should  be  placed  near 
Louisville  and  that  the  other  5,000  should  be  stationed  near 
Covington,  Kentucky.  To  this  suggestion  reply  was  made 
that  we  had  gone  to  war  to  vindicate  States'  Rights,  and  that 
Kentucky  had  not  given  her  consent  for  us  to  send  troops 
into  that  State.  To  this  I  rejoined  that  if  we  were  in  peace, 
deliberating  as  a  convention  or  congress,  I  would  agree  to 
that  view,  but  as  we  were  discussing  war  measures,  I  would 
put  the  soldiers  where  they  would  best  answer  the  necessities 
of  war.  Furthermore,  I  urged  that  Kentucky  in  the  recent 
election  had  voted  by  75,000  majority  against  the  policy  of 
the  Republican  party,  and  that  the  adoption  of  my  views 
would  enable  us  to  secure  great  bodies  of  soldiers  for  our 
cause  in  the  States  of  Tennessee  and  Kentucky,  and  would 
obtain  for  us  the  cooperation  of  those  commonwealths.  But 
the  Cabinet,  with  the  concurrence  of  the  President,  adhered 
to  the  opinion  that  we  should  not  send  soldiers  into  Kentucky 
without  the  consent  of  that  State. 


The  First  Confederate  Cabinet 


FACING     PAGE     148 


CABINET    AND    OTHER    QUESTIONS  147 

It  was  not  a  pleasant  situation  to  find  myself  at  the  first 
meeting  of  the  Cabinet  antagonizing  the  views  of  its  mem 
bers  and  of  the  President.  But  my  opinion  then  was,  and 
still  is,  that  the  course  I  recommended  would  have  been  the 
best  for  our  cause ;  and  this  view  was  subsequently  strength 
ened  by  the  policy  pursued  by  the  Federal  Government  of 
inducing  Kentucky  to  favor  neutrality,  and  at  the  same  time 
of  winning  over  the  people  of  Kentucky  by  offering  commis 
sions  in  the  army,  and  by  liberal  expenditures  in  the  purchase 
of  army  supplies. 

Another  matter  of  interest  came  up  shortly  in  the  Cabi 
net — the  question  as  to  what  consideration  should  be  given 
the  partisan  political  divisions  which  had  existed  in  the 
South.  Upon  canvassing  the  subject  it  was  resolved  that 
the  contest  on  which  we  were  entering  concerned  the  rights 
and  interests  of  all  the  people,  Democrats  and  Whigs  alike, 
and  that  former  partisan  lines  should  not  be  recognized  in 
appointments  and  promotions  to  office;  and  that  the  only 
tests  as  to  fitness  should  be :  Is  the  person  true  to  the  Con 
federate  cause  and  honest  and  qualified  for  the  duties  in 
question?  The  wisdom  of  this  policy  had  a  striking  illus 
tration  during  the  latter  years  of  the  war. 

After  the  battle  of  Gettysburg  and  the  fall  of  Vicksburg, 
there  was  more  or  less  despondency  among  public  men.  And 
as  other  misfortunes  occurred  this  increased,  and  with  it  the 
malcontents  in  Congress  became  more  outspoken  in  their 
opposition  to  the  President,  adding  to  his  embarrassment. 
The  Hon.  W.  A.  Graham  of  North  Carolina,  and  Hon.  Gus- 
tavus  A.  Henry  of  Tennessee,  both  in  the  Confederate 
Senate,  had  before  the  war  been  among  the  most  prominent 
Whigs  in  the  United  States,  and  consequently  in  antagonism 
with  the  Democratic  views  of  President  Davis.  As  the  trou 
bles  of  the  Confederacy  multiplied  and  men  became  more 
despondent,  these  two  Senators,  when  others  weakened  his 
hands  by  inaction  or  by  opposition,  exhibited  a  Roman 
courage  and  devotion,  and  heartily  sustained  him  in  all  his 
efforts  to  serve  the  interests  of  the  South. 


148  MEMOIRS    BY   JOHN    H.    REAGAN 

In  1862  there  was  a  secret  and  confidential  conference  of 
the  general  officers  of  the  army  commanded  by  Gen.  Braxton 
Bragg,  at  Chattanooga,  Tennessee,  in  which  the  question 
was  discussed  as  to  the  propriety  of  enlisting  negroes  in  the 
military  service  of  the  Confederacy.  It  was  brought  out 
that  Gen.  John  C.  Breckinridge,  General  Cleburne,  and  Gen 
eral  Hindman  favored  such  a  policy,  all  the  other  officers 
present  opposing  it.  General  Bragg  sent  a  full  copy  of  the 
proceedings  of  that  meeting  to  President  Davis,  who  laid  it 
before  the  Cabinet  in  like  secrecy  and  confidence. 

I  believed  in  the  necessity  of  arming  the  negroes,  and  sup 
ported  that  belief  by  referring  to  the  charts  in  use  by  the 
Federal  armies,  which  distinguished  by  dark  shading  the 
parts  of  the  Confederacy  where  the  greater  numbers  of 
negroes  were  found,  and  by  pointing  out  that  they  were 
making  their  campaigns  largely  through  the  negro  districts 
and  were  enlisting  the  negroes  in  their  service.  I  took  the 
position  that  I  would  prefer  to  have  them  in  our  service 
rather  than  fight  them  in  the  ranks  of  our  enemies.  But  no 
other  member  of  the  Cabinet  agreed  with  this  view ;  and  so 
the  subject  rested  until  the  latter  years  of  the  war,  when  it 
again  became  a  serious  question  for  discussion. 

In  the  message  of  President  Davis  to  the  Confederate 
Congress,  dated  November  7,  1864,  he  recommended  the 
qualified  use  of  slaves  in  our  army.  General  Lee,  writing  on 
this  subject,  favored  the  enlistment  of  negroes  in  the  military 
service,  and  the  manumission  of  all  such,  giving  as  a  reason 
for  their  value  as  soldiers,  their  capacity  for  physical  endur 
ance,  and  their  accustomed  obedience  to  orders.  (Napoleon 
Bonaparte  said  that  these  were  the  important  qualities  for 
soldiers.)  General  Lee  invited  committees  of  the  Virginia 
legislature  and  of  Congress  to  secret  conferences  with  him 
on  this  subject.  Both  the  legislature  and  Congress  hesitated ; 
but  at  last,  when  too  late,  Congress  agreed  to  have  40.000 
enlisted  as  teamsters.  But  even  this  measure  was  not  carried 
into  effect. 


CABINET    AND    OTHER    QUESTIONS  149 

While  on  this  subject  I  may  mention  that  one  gentleman, 
from  Mississippi,  whose  name  I  cannot  recall,  proposed,  if 
the  Government  would  receive  them,  to  put  a  battalion  of  his 
own  negroes  in  the  field  and  command  them  himself.  And 
another  from  North  Carolina  made  a  similar  proposition. 
These  offers  were  not  accepted. 

The  question  of  enlisting  the  negroes  in  the  military 
service  was  a  very  serious  one.  To  have  made  soldiers  of 
them  would  have  involved  their  liberation,  and  the  effect  on 
the  remainder  of  their  race  of  freeing  them  had  to  be  consid 
ered.  The  question  of  the  sacrifice  of  their  property  value 
had  also  to  be  weighed,  and  whether  the  sacrifice  was  to  be 
borne  by  their  owners,  or  whether  they  should  in  some  other 
way  and  to  some  extent  be  relieved  of  that  burden.  Besides, 
the  fear  which  then  existed  of  the  effect  of  freeing  the 
negroes  was,  of  course,  in  the  minds  of  all.  The  considera 
tions  which  will  no  doubt  occur  to  the  reader  will  show  why 
there  was  hesitation  on  this  subject.  While  I  then  realized 
these  difficulties,  I  believed  that  the  employment  of  them  as 
soldiers  was  the  only  thing  which  could  save  us  from  subju 
gation.  But  there  was  a  decided  opinion  among  the  members 
of  the  Congress  that  the  people  would  not  submit  to  such  a 
policy. 

After  the  lapse  of  forty  years  the  new  generation  may  not 
understand  why  there  should  have  been  such  serious  alarm 
at  the  thought  of  freeing  the  negroes.  This  is  better  under 
stood  when  we  remember  the  violent  and  fanatical  pamphlets 
and  books  which  were  issued  by  the  more  rabid  Abolitionists, 
appealing  to  force,  and  urging  the  use  of  fire  and  sword  to 
secure  their  freedom.  If  I  may  be  pardoned  for  referring  to 
it,  such  a  book  was  written  by  H.  R.  Helper  of  North  Caro 
lina,  which  was  endorsed  and  recommended  to  the  public  by 
sixty-two  Republican  members  of  Congress  and  by  a  great 
many  of  the  leading  public  men  of  the  North.  Such  incen 
diary  appeals  were  not  without  effect — witness  the  armed 
invasion  of  the  State  of  Virginia  by  the  notorious  John 
Brown  and  his  associates. 


150  MEMOIRS    BY   JOHN    H.    REAGAN 

When  I  determined  to  leave  Washington  in  January, 
1 86 1,  I  had  resolved  that  if  war  should  occur,  which  was 
then  thought  probable,  that  I  would  enter  the  military 
service,  and  so  secured  a  pretty  fair  library  of  books  on  mili 
tary  subjects.  I  hesitated  to  accept  the  place  as  one  of  the 
Texas  members  of  the  Provisional  Congress  of  the  Confed 
eracy,  still  having  in  mind  entering  the  Army.  But  events 
marched  along  at  a  rapid  pace  and  after  I  had  served  as 
Postmaster-General  about  a  year,  I  tendered  my  resignation 
to  the  President,  giving  as  my  reason  for  resigning  that  I 
was  at  an  age  which  would  enable  me  to  perform  military 
duty  and  that  I  desired  to  go  into  the  Army.  The  matter  was 
brought  to  the  attention  of  the  Cabinet,  and  the  members  of 
it  joined  with  Mr.  Davis  in  requesting  me  to  remain  in  the 
Post  Office  Department,  saying  among  other  things  that  I 
had  the  Department  under  efficient  control,  and  that  my 
resignation  might  be  construed  as  dissatisfaction  with  the 
Administration,  which  was  far  from  my  wish.  And  I  with 
drew  my  resignation. 

In  my  opinion  the  most  serious  matter  ever  determined  by 
the  Cabinet  was  the  plan  of  the  campaign  of  1863 — the 
fateful  year  of  the  war  between  the  States.  As  early  as 
November,  1862,  the  campaign  against  Vicksburg  was 
begun.  The  disposition  of  General  Grant  to  get  below 
Vicksburg  was  manifested  as  early  as  February,  1863.  On 
the  2Oth  of  April  the  movement  of  the  enemy  commenced 
through  the  country  to  the  west  of  the  Mississippi  River; 
and  toward  the  end  of  the  month  they  began  ferrying  from 
the  Louisiana  to  the  Mississippi  side  and  the  purpose  could 
no  longer  be  in  doubt. 

Early  in  the  year  1863  the  question  of  the  invasion  by  our 
army  of  the  country  north  of  the  Potomac  was  being  dis 
cussed  by  the  Cabinet  and  General  Lee.  One  of  the  consid 
erations  favoring  such  a  policy  was  that  supplies  for  our 
army  were  much  reduced — and  these  were  abundant  in  the 
territory  of  the  enemy.  Another  consideration  was  that  a 


CABINET    AND    OTHER    QUESTIONS  151 

successful  campaign  in  the  territory  adjacent  to  Washington, 
Baltimore,  and  Philadelphia  might  cause  the.withdrawal  of 
the  troops  then  menacing  Vicksburg  and  Port  Hudson. 

Our  means  of  communication  with  western  Louisiana, 
Arkansas,  and  Texas  largely  depended  on  our  command  of 
the  Mississippi  at  those  cities.  It  was  apparent  that  their  fall 
meant  the  bisecting  of  the  Confederacy  by  the  line  of  the 
Mississippi,  in  which  event  we  should  be  deprived,  in  a  large 
measure,  of  the  men  and  supplies  west  of  that  river.  As  the 
lines  came  to  be  more  and  more  tightly  drawn,  appeals  from 
the  civil  and  military  authorities  poured  in  for  reinforce 
ments  for  the  army  of  General  Pemberton,  who  commanded 
before  Vicksburg. 

The  President  received  a  number  of  letters  and  telegrams 
from  Governor  Peters  of  Mississippi,  and  others,  advising 
him  to  dispatch  reinforcements  from  General  Lee's  army  to 
the  defense  of  Vicksburg.  These  he  read  to  the  Cabinet  and 
requested  the  members  to  meet  him  on  the  next  day  to  con 
sider  the  whole  question  of  the  campaign  of  1863.  We 
assembled  early — it  was  Saturday — and  remained  in  session 
in  the  anxious  discussion  of  that  campaign  until  after  night 
fall. 

I  shall  never  forget  that  scene.  The  President  and  mem 
bers  of  the  Cabinet  fully  realized  the  grave  character  of  the 
question  to  be  considered.  General  Lee  did  not  meet  with 
us  on  this  occasion,  though  he  often  did  so  in  his  capacity  as 
Military  Adviser  to  the  President,  and  latterly  as  general  in 
the  field.  He  was  not  a  man  of  many  words  and  when  he 
spoke  it  was  in  the  fulness  of  conviction.  He  had  expressed 
his  views  on  the  subject  of  a  campaign  north  of  the  Potomac. 
Every  possible  contingency  was  pointed  out  in  our  discus 
sion,  and  it  early  became  apparent  to  me  that  I  stood  almost 
alone.  I  urged  that  we  should  let  it  be  given  out  that  we 
intended  to  send  the  Army  of  Virginia  north  of  the  Potomac, 
and  that  we  should  meantime  strengthen  the  defenses  of 
Richmond,  collect  supplies  for  a  six  months'  siege,  and  at 


152  MEMOIRS    BY    JOHN    H.    REAGAN 

the  proper  time  dispatch  25,000  or  30,000  of  General  Lee's 
troops  to  Vicksburg.  It  was  observed  that  this  would 
involve  the  necessity  of  abandoning  the  Shenandoah  Valley. 
I  admitted  that  we  might  have  to  do  so  temporarily,  but 
added  that  there  would  remain  with  General  Lee  some 
50,000  veteran  and  victorious  troops  for  the  protection  of 
Richmond.  I  further  contended  that  by  sending  a  part  of 
General  Lee's  army,  and  a  part  of  the  Army  of  Tennessee 
confronting  General  Buell,  and  by  directing  General  John 
ston  to  collect  and  forward  all  the  men  and  supplies  he  could 
from  the  Gulf  States,  General  Grant  might  be  crushed.  My 
plan  involved  waiting  until  he  got  well  on  the  east  side  of  the 
Mississippi  and  then  to  fall  on  him  with  such  a  force  as  to 
prevent  his  recrossing  that  stream,  then  to  destroy  his  army. 
I  argued,  furthermore,  that  we  could  then  send  this  vic 
torious  army  north  by  way  of  Corinth,  and  either  crush  or 
drive  Buell's  army  north  of  the  Ohio  River.  I  also  presented 
the  view  that  the  prospects  for  the  recognition  of  our  inde 
pendence  by  Great  Britain  and  France  would  be  much 
strengthened  by  the  defeat  of  those  two  armies,  and  that 
Federal  finances  were  then  in  a  precarious  condition,  and 
might  by  this  be  made  so  much  worse  as  to  give  increased 
strength  to  those  in  the  Northern  States  who  were  opposed 
to  the  war ;  and  further  effusion  of  blood  be  avoided. 

It  was  urged  in  opposition  to  my  view  that  the  best  way 
to  protect  Vicksburg  was  to  put  Washington  and  Baltimore 
in  danger  and  thus  cause  the  withdrawal  of  troops  from 
Grant's  army  for  their  defense.  To  this  I  demurred.  Gen 
eral  Grant,  I  said,  had  reached  a  position  which  would  pre 
vent  dealing  with  him  in  that  way,  and  that  what  he  was 
doing  showed  that  he  intended  Vicksburg  should  fall  if  his 
army  was  not  destroyed. 

In  the  end  it  was  determined  that  General  Lee  should  cross 
the  Potomac  and  put  himself  in  a  position  to  threaten  Wash 
ington,  Baltimore,  and  Philadelphia,  and  that  General  John 
ston  should  get  together  such  men  and  supplies  as  he  could 
in  the  Gulf  States  and  go  to  the  relief  of  Pemberton. 


CABINET    AND    OTHER    QUESTIONS  153 

I  thought  then,  and  think  now,  that  if  the  plan  I  proposed 
had  been  adopted,  Vicksburg  and  Port  Hudson  would  not 
have  fallen,  and  we  would  not  have  had  to  mourn  the  failure 
at  Gettysburg.  A  short  letter  I  wrote  to  the  President 
requesting  the  reconvening  of  the  Cabinet  to  consider  this 
subject  wras  taken  from  me,  along  with  my  other  papers, 
when  I  was  made  a  prisoner  by  the  Federal  soldiers,  and  I 
was  told  long  afterward  by  Secretary  Stanton  that  it  was  in 
the  archives  of  the  War  Department  at  Washington.  All 
my  efforts,  however,  have  failed  to  recover  it. 

It  may  be  that  I,  not  being  a  military  man,  though  I  have 
been  something  of  a  reader  of  the  history  of  campaigns, 
should  speak  with  greater  deference  upon  a  subject  which 
was  considered  by  great  military  men  like  President  Davis 
and  General  Lee;  but  if  these  lines  shall  ever  be  read  by 
others,  I  can  only  say  that  they  are  written  in  accordance 
with  the  views  I  then  entertained,  and  that  I  shall  be  content 
if  they  ever  receive  the  verdict  of  careful  military  critics 
familiar  with  the  times  and  circumstances. 

On  reaching  Washington,  on  my  return  from  prison  at 
Fort  Warren,  in  the  fall  of  1865,  I  called  on  Mr.  Stanton, 
Secretary  of  War.  In  our  conversation  he  stated  that  he  and 
some  others  of  the  Cabinet,  and  President  Lincoln,  expected 
the  Confederate  Government  to  adopt  such  a  plan  as  I  had 
suggested  for  the  relief  of  Vicksburg  and  Port  Hudson  and 
that  they  had  held  General  Grant  back  for  some  weeks. 
"And,"  he  added,  "if  your  Government  had  adopted  the 
policy  you  recommended  the  war  would  have  been  very 
much  prolonged." 

The  Confederacy  sought  only  the  good-will  and  neutrality 
of  nations  in  the  contest  for  independence.  It  did  not  press 
for  recognition  as  an  independent  State;  would  have  been 
content  if  the  full  rights  of  a  belligerent  could  have  been 
secured — the  right  to  purchase  supplies  and  vessels  in  a  man 
ner  authorized  by  international  law,  etc.  An  effort  was 
made  to  have  ships  built  in  Great  Britain,  but  not  to  be  sup- 


154  MEMOIRS    BY    JOHN    H.    REAGAN 

plied  with  armaments  in  the  ports  of  that  country;  and  sev 
eral,  notably  the  Alabama,  were  thus  obtained.  This  privi 
lege,  however,  was  finally  withdrawn.  While  Great  Britain 
recognized  the  belligerency  of  the  Confederacy,  that  Gov 
ernment  was  in  almost  all  cases  unfair  to  us  in  the  exercise 
of  the  rights  and  duties  of  a  neutral  power.  Russia  was 
hostile ;  and  France  was  uncertain. 

In  an  interview  with  the  Hon.  John  Slidell,  the  represen 
tative  of  the  Confederate  Government  at  Paris,  the  Emperor 
Napoleon  asked  the  question  of  him  as  to  why  the  Confed 
eracy  did  not  obtain  ships  and  raise  the  blockade  at  the  mouth 
of  the  Mississippi,  and  reoccupy  New  Orleans.  Mr.  Slidell 
answered  that  efforts  had  been  made  to  secure  the  building 
of  ships  in  England,  and  that  this  had  been  prohibited  by  that 
Government.  The  Emperor  replied,  "Why  not  build  them 
in  France?"  Mr.  Slidell  observed  that  the  Confederacy 
would  be  only  too  glad  to  do  so.  Thereupon,  the  Minister 
of  Marine  was  sent  for,  and  an  understanding  was  reached 
that  two  ships  might  be  built  in  French  yards,  but 
they  were  not  to  receive  their  armaments  in  French  waters. 

A  contract  for  this  purpose  was  made,  and  two  ships  were 
in  course  of  construction,  one  of  them  being  nearly  ready  to 
receive  her  armament,  when  a  clerk  in  the  office  of  the  Min 
ister  of  Marine  stole  the  contract  for  their  construction,  and 
furnished  it  to  Mr.  Dayton,  the  United  States  Minister  to 
France.  Dayton  took  the  contract  to  the  Emperor,  and 
inquired  whether  it  was  genuine.  The  Emperor  admitted 
that  it  was,  and,  instead  of  standing  by  this  contract,  he 
repudiated  it,  and  sent  for  the  contractor,  who  did  not  know 
of  the  Emperor's  connection  with  the  matter,  and  threatened 
to  have  him  shot  if  he  did  not  sell  the  vessels  to  some  other 
Government.  When  this  was  occurring,  the  Confederate 
authorities,  believing  the  contract  would  be  carried  out,  were 
already  anticipating  the  appearance  of  these  vessels  at  the 
mouth  of  the  Mississippi.  The  surprise  and  disappointment 
in  Richmond  was  very  great,  and  President  Davis  wrote  an 


CABINET    AND    OTHER    QUESTIONS  155 

autograph  letter  to  the  Emperor,  courteously  diplomatic,  but 
registering  a  protest  against  his  not  abiding  by  a  fair  con 
tract,  which  had  been  made  at  his  own  suggestion.  I  have 
supposed  that  when  the  battle  of  Sedan  changed  the  fortunes 
of  the  Emperor,  he  might  have  called  to  mind  his  want  of 
good  faith  with  the  Confederacy. 

During  the  war  the  operations  of  the  Army  were  on  so 
extensive  a  scale,  and  affected  so  closely  the  people,  they  quite 
obscured  to  the  general  public  the  character  of  the  service 
rendered  by  the  Navy.  It  will  doubtless  prove  a  surprise  to 
many  to  learn  that  from  first  to  last  there  was  in  the  service 
of  the  Confederate  Navy  twenty-five  ships,  twenty-seven 
schooners,  and  forty-one  barks.  The  Confederate  cruisers 
captured  or  destroyed  vessels  belonging  to  the  United  States 
to  the  number  of  forty-nine  ships,  eighteen  brigs,  thirty-five 
barks,  thirty-four  schooners,  one  steamer,  one  pilot  boat — 
133  in  all. 

Besides  the  Confederate  vessels  mentioned,  Secretary  Mai- 
lory  had  three  great  iron-clad  vessels  constructed,  the 
Virginia  at  Norfolk ;  the  Manassas  and  the  Louisiana  at  New 
Orleans.  The  genius  of  Secretary  Mallory  and  of  the  naval 
officers  who  were  in  the  service  of  his  Department,  through 
the  iron-clad  ram  Virginia  or  Merrimac,  revolutionized  the 
system  of  naval  architecture  of  the  world.  This  vessel  was 
made  on  the  hull  of  the  frigate  Merrimac,  which  had  been 
sunk  by  the  Union  soldiers  on  their  withdrawal  from  Nor 
folk.  Secretary  Mallory  early  took  up  the  matter  of  an 
iron-clad,  and  in  a  communication  to  the  naval  committee, 
on  the  8th  of  May,  1861,  said : 

I  regard  the  possession  of  an  iron  armored  ship  as  a  matter 
of  the  first  necessity.  Such  a  vessel  at  this  time  could  traverse 
the  entire  coast  of  the  United  States,  prevent  all  blockades  and 
encounter,  with  fair  prospects  of  success,  their  entire  navy. 

Up  to  this  time  there  were  only  wooden  ships  in  the  navies 
of  the  world,  and  the  first  exploit  of  the  Virginia  proved  the 


156  MEMOIRS    BY    JOHN    H.    REAGAN 

soundness  of  his  views.  Only  iron-clads  could  withstand 
her  attacks ;  and  the  appearance  of  the  Monitor  alone  saved 
the  blockading  squadron  in  Hampton  Roads. 

When  the  Virginia  had  been  made  ready  for  service,  and 
moved  out  from  Norfolk  toward  the  bay,  the  United  States 
vessels,  the  Minnesota  with  forty  guns,  the  Roanoke  with 
forty  guns,  the  St.  Lawrence  with  fifty  guns,  together  with 
the  gunboats  Dragon,  Mystic,  and  Whitehall  lay  at  Fortress 
Monroe.  The  Virginia  was  accompanied  by  the  steam  tugs 
Beaufort  and  Raleigh.  At  Newport  News,  riding  at  anchor, 
were  the  United  States  vessels  Cumberland  with  thirty  guns, 
and  the  Congress  with  fifty  guns.  When  the  Virginia  went 
into  action  she  was  reinforced  by  the  Patrick  Henry  with 
twelve  guns,  the  Jamestown  with  two  guns,  and  the  gunboat 
Teaser  with  one  gun — a  total  of  twenty-seven  guns,  against 
an  armament  of  three  hundred  guns,  of  which  one  hundred 
could  be  brought  into  action  at  any  one  moment.  At  the 
outset  the  Virginia  brought  her  ram  into  action,  and  struck 
the  Cumberland,  crushing  through  her  sides  and  sinking  her, 
carrying  down  all  her  officers  and  crew  that  were  not  killed. 
She  also  destroyed  the  Congress  with  her  fifty  guns,  and 
participated  in  a  good  deal  of  fighting  with  other  vessels; 
thus  by  the  new  naval  engine  of  war  winning  a  most  remark 
able  victory. 

The  inquiry  has  been  made  why  the  Virginia  did  not  go 
to  Washington,  Baltimore,  or  Philadelphia,  as  the  Federals 
feared.  The  answer  is  that  she  was  not  seaworthy;  and  to 
have  lightened  her  to  enable  her  to  make  such  a  cruise,  the 
hull  would  be  so  exposed  as  to  endanger  her  safety. 

The  Confederate  Government  experienced  much  difficulty 
and  delay  in  sending  and  receiving  foreign  mail  on  account 
of  the  blockade  of  her  ports.  Such  mail  matter  was  carried 
by  the  blockade-runners,  and  by  other  means  through  Cuba, 
Bermuda,  Nassau,  and  sometimes  through  Canada  and 
Mexico,  arriving  at  its  destination  in  this  round-about  way, 
if  at  all.  After  reaching  port  in  some  one  of  the  above  named 


CABINET    AND    OTHER    QUESTIONS  157 

places  in  going  out,  the  mails  were  generally  transferred  to 
vessels  of  neutral  nations,  mostly  English  and  French ;  and 
on  coming  in,  they  were  generally  brought  to  some  of  those 
places  by  foreign  vessels,  and  then  transferred  to  blockade- 
runners. 

The  difficulties  attending  the  operations  of  the  postal 
service  multiplied  as  hostile  armies  pierced  farther  and  far 
ther  our  lines.  After  the  fall  of  Vicksburg  and  Port  Hudson, 
communication  between  Richmond,  the  seat  of  government, 
and  the  country  west  of  the  Mississippi  River  became 
extremely  uncertain.  Congress  was  obliged,  therefore,  to 
provide  a  branch  of  the  postal  service  and  a  branch  of  the 
Treasury  Department  for  the  region  west  of  that  river.  Dr. 
James  H.  Starr,  on  my  recommendation,  was  appointed  chief 
of  the  postal  division.  He  established  his  office  at  Marshall, 
Texas;  and  the  Department  at  Richmond  furnished  him 
with  the  laws  and  circulars  of  instructions,  and  complete 
information  as  to  all  matters  for  his  government,  including 
all  the  necessary  bound  books,  office  forms,  and  clerical  force 
needed  for  the  carrying  on  of  the  postal  service.  Dr.  Starr 
was  one  of  the  best  business  men  I  had  known;  he  had  been 
for  three  years  Secretary  of  the  Treasury  for  the  Republic 
of  Texas,  and  performed  his  duties  in  this  new  field  to  the 
entire  satisfaction  of  the  Department. 

Chapters  could  be  written  on  the  expedients  to  which  we 
were  driven  to  get  the  mails  back  and  forth  across  the  Father 
of  Waters,  which  was  now  patrolled  throughout  its  length 
by  the  armed  vessels  of  the  enemy.  The  river  was  crossed 
in  rowboats,  usually  under  cover  of  night  and  at  many  points, 
and  in  this  manner  the  letters  of  wives  to  husbands  and  of 
mothers  to  sons  who  were  serving  in  the  army,  went  forward 
to  their  destination;  and  in  return  came  papers  and  letters 
from  the  front  to  the  anxious  ones  who  bore  the  brunt  of 
sufferings  at  home,  who  lived  lives  of  sacrifice  that  the  cause 
for  which  they  struggled  might  be  furthered. 


158  MEMOIRS    BY   JOHN    H.    REAGAN 

At  the  time  of  the  organization  of  the  Post  Office  Depart 
ment,  and  for  some  months  after,  we  had  no  postage  stamps, 
and  postage  was  required  to  be  paid  in  coin.  The  coin  so 
collected  was  deposited  in  the  Confederate  Treasury.  In 
1863,  if  I  am  correct  as  to  the  date,  I  had  to  send  to  Europe 
for  stationery,  for  postage  stamps  and  dies,  a  press,  a  per 
forating  machine,  and  various  things  not  obtainable  in  the 
Confederacy.  The  Department  still  had  to  its  credit  in  the 
Treasury  about  $80,000  in  coin,  and  I  drew  through  the 
chief  of  the  finance  bureau  on  the  Treasury  for  $50,000  to 
meet  this  expenditure,  demanding  coin  because  of  the  exist 
ing  depreciation  in  the  value  of  our  paper  money.  After 
some  delay  I  received  a  long  opinion  in  writing  from  Lewis 
Cruger,  Comptroller  in  the  Treasury  Department,  advising 
me  that  the  Post  Office  Department  stood  like  any  other 
creditor,  and  must  accept  currency,  as  the  Treasury  needed 
the  coin.  Under  the  law,  when  a  statement  of  fact  made  the 
opinion  of  the  Comptroller  proper,  he  was  authorized  to  give 
an  opinion,  but  no  case  had  been  made  which  under  the  law 
required  his  opinion,  and  I  so  wrote  him ;  and  renewed  my 
demand  for  the  coin,  with  which  Mr.  Memminger  refused  to 
comply.  At  a  Cabinet  meeting  I  called  the  attention  of  the 
President  to  our  disagreement,  and  requested  him  to  settle  it. 
He  asked  that  the  correspondence  be  submitted  to  him.  I 
submitted  copies  of  the  correspondence,  and  I  closed  my 
letter  to  Mr.  Davis  with  a  few  brief  paragraphs,  stating  what 
I  understood  to  be  the  law  of  the  case ;  which,  in  substance, 
was  that  the  Treasury  must  repay  to  the  Post  Office  Depart 
ment  the  same  kind  of  money  in  which  its  deposits  were 
made;  and  that  if  the  Treasurer  refused  to  do  so,  it  was  the 
duty  of  the  Postmaster-General  to  report  him  to  the  Presi 
dent  for  removal  from  office. 

Attorney-General  Watts,  to  whom  Mr.  Davis  referred  the 
papers,  in  returning  them  to  the  President,  said  in  his  report 
that  the  brief  paragraphs  at  the  end  of  the  letter  of  the  Post 
master-General  so  aptly  stated  the  law  that  he  copied  them 
in  his  opinion. 


CABINET    AND    OTHER    QUESTIONS  159 

The  Secretary  of  the  Treasury  again  wrote  to  the  Post 
master-General,  proposing  to  renew  the  correspondence.  I 
did  not  answer  him,  but  wrote  to  the  Treasurer,  Edward  C. 
Elmore,  calling  his  attention  to  the  provisions  of  the  Revised 
Statutes,  which  on  this  subject  was  made  our  law,  and  to  the 
opinion  of  Attorney-General  Watts,  saying  to  him  that  I 
hoped  his  action  would  render  it  unnecessary  for  me  to  report 
him  to  the  President  for  removal  from  office.  Mr.  Elmore 
said  he  knew  then  what  to  do  and  paid  over  the  $50,000 
in  coin. 

The  action  of  the  military  for  a  time  caused  some  embar 
rassment  to  the  postal  service,  by  the  conscription  of  mail 
carriers  for  service  in  the  Army,  in  which  they  had  the  con 
currence  of  Mr.  Seddon,  the  Secretary  of  War.  After  some 
correspondence  between  the  two  Departments  this  practice 
was  abandoned.  My  contention  was  that  the  mail  service 
was  an  important  adjunct  to  every  arm  of  the  Government, 
and  that  to  impair  its  usefulness  meant  material  injury  to  the 
\vhole  machinery  of  the  State. 

The  Post  Office  Department  was  charged  with  the  man 
agement  and  control  of  the  telegraph  system  of  the  Confed 
eracy  ;  and  I  selected  for  the  head  of  that  branch  of  the  service 
Dr.  William  H.  Morris,  who  had  been  the  general  superin 
tendent  of  the  lines  of  telegraph  in  that  part  of  the  country 
which  we  controlled.  He  showed  decided  ability  and 
efficiency  in  the  management  of  that  service,  which  was 
attended  with  serious  difficulties  on  account  of  the  expansion 
and  contraction  of  our  territory,  caused  by  the  movements 
of  the  armies  of  the  two  countries.  My  official  reports  show 
the  extent  and  character  of  this  work. 

Having  seen  that  the  Emperor  Napoleon  had  used  a  field 
telegraph  at  the  battle  of  Solferino,  by  my  direction  Dr. 
Morris  had  the  necessary  battery  and  wire  mounted  on 
wheels  for  use  in  the  field.  The  radius  of  its  operations  was 
about  five  miles.  I  forwarded  it  to  General  Lee;  but  he 


160  MEMOIRS    BY   JOHN    H.    REAGAN 

found  that  on  account  of  the  broken  character  of  the  country 
and  the  extent  of  the  forests  he  could  not  successfully  utilize 
the  apparatus. 

There  were  a  good  many  changes  in  the  Cabinet  of  Presi 
dent  Davis  during  the  four  years  of  the  Confederacy.  These 
came  about  for  various  reasons.  Mr.  Toombs,  desiring  to 
enter  the  Army,  resigned  the  position  of  Secretary  of  State, 
and  was  appointed  a  brigadier-general  by  Mr.  Davis.  Gen 
eral  Walker  was  an  able  lawyer,  and  earnestly  devoted  to  the 
Confederate  cause,  but  he  undertook  to  do  too  much  of  the 
work  of  his  Department,  his  health  suffered,  and  he  resigned. 
Mr.  Benjamin  was  then  transferred  from  the  office  of 
Attorney-General  to  that  of  Secretary  of  War,  and  the  Hon. 
R.  M.  T.  Hunter  of  Virginia  was  made  Secretary  of  State. 
While  Mr.  Benjamin  was  a  man  of  great  ability,  from  some 
cause  his  appointment  as  Secretary  of  War  proved  unaccept 
able  to  the  officers  of  the  Army,  and  Mr.  Hunter,  having 
resigned  his  portfolio  to  accept  a  seat  in  the  Confederate 
Senate,  was  succeeded  in  the  State  Department  by  Mr.  Ben 
jamin.  General  Randolph  of  Virginia  was  appointed  Secre 
tary  of  War.  General  Randolph  was  a  capable  man  and  an 
efficient  Secretary  of  War,  but,  as  I  understood  at  the  time, 
issued  certain  orders  as  to  the  disposition  of  the  troops  west 
of  the  Mississippi  without  consulting  the  President  and  not 
in  conformity  with  his  desire ;  and  this  led  to  his  resignation. 
In  November,  1862,  Randolph  resigned,  and  the  vacancy 
was  filled  by  the  appointment  of  James  A.  Seddon  of  Vir 
ginia.  In  February,  1865,  Seddon  resigned,  and  Gen.  John 
C.  Breckinridge  was  appointed  in  his  place.  In  the  fall  of 
1864  Mr.  Memminger  resigned  the  office  of  Secretary  of  the 
Treasury,  and  the  Hon.  George  A.  Trenholm  of  South 
Carolina  was  appointed  to  that  position.  Mr.  Memminger 
was  a  most  excellent  man,  and  had  been  the  successful  presi 
dent  of  a  bank,  but  there  grew  to  be  a  feeling,  probably  with 
out  just  cause,  that  the  condition  of  the  Confederate  finances 
required  a  man  of  larger  and  broader  views.  The  fact  is, 


CABINET    AND    OTHER    QUESTIONS  161 

no  doubt,  that  no  genius  would  have  been  able  to  give  satis 
faction  as  Secretary  of  the  Treasury  as  we  were  then  situated. 

Matters  connected  with  the  appointment  of  Mr.  Seddon, 
Secretary  of  War,  caused  Senator  Wigfall  of  Texas,  who 
had  been  an  ardent  supporter  of  the  Administration,  to 
become  a  violent  opponent  of  the  President,  and  to  join  with 
Governor  Foote  of  Tennessee,  and  other  malcontents,  in 
giving  him  what  trouble  they  could.  These  two  and  one  or 
two  Representatives  from  North  Carolina  and  Governor 
Brown  of  Georgia,  availing  themselves  of  the  popularity  of 
Gen.  Joseph  E.  Johnston,  who  had  become  unfriendly  to  the 
President,  and  also  using  the  great  influence  of  Vice-Presi- 
dent  Stephens, — who,  after  the  fall  of  Vicksburg  and  the 
withdrawal  of  our  army  from  Gettysburg,  gave  up  hope  of 
Confederate  success, — greatly  increased  the  embarrassment 
of  the  President  in  his  struggle  for  the  success  of  the  Con 
federate  cause.  Governor  Brown  gave  him  more  trouble 
than  the  Governor  of  any  other  State. 

When  General  Randolph  resigned  the  position  of  Secre 
tary  of  War,  the  President,  in  speaking  to  the  members  of  the 
Cabinet  about  the  appointment  of  a  successor,  said  that  he 
was  considering  Mr.  Seddon,  Gen.  Joseph  E.  Johnston  and 
Gen.  G.  W.  Smith  in  connection  with  that  appointment,  and 
preferred  them  in  that  order ;  but  said  to  the  Cabinet  that  he 
did  not  wish  any  statement  made  about  it,  as,  if  Mr.  Seddon 
should  decline  the  appointment,  the  others  might  refuse  to 
accept  it  because  it  had  not  been  offered  them  first.  He  made 
the  tender  of  the  appointment  to  Mr.  Seddon.  The  evening 
after  this,  Wigfall  called  on  him  and  discussed  the  matter  of 
this  appointment,  and  expressed  his  preference  for  the  same 
men  in  the  same  order,  but  Mr.  Davis  did  not  tell  him  that  he 
had  already  tendered  the  portfolio  to  Seddon. 

The  next  day  the  President  sent  for  me,  and  inquired  of 
me  what  was  the  matter  with  Wigfall.  I  answered  that  I  did 
not  know  of  anything  being  wrong  with  him.  He  said  that 
Wigfall  was  bitterly  denouncing  him  in  the  Senate.  When 


162  MEMOIRS    BY   JOHN    H.    REAGAN 

I  inquired  if  he  did  not  know  what  it  was  about,  he  said  that 
possibly  he  did;  that  the  evening  before,  Senator  Wigfall 
had  talked  with  him  about  the  appointment  of  a  Secretary  of 
War,  but  that  he  had  not  told  him  of  his  having  offered  the 
appointment  to  Seddon,  and  that  the  newspapers  of  that 
morning  announced  that  Seddon  had  accepted.  He  had  not 
told  Wigfall  about  the  matter  because  he  did  not  then  know 
whether  Mr.  Seddon  would  accept ;  and  as  he  had  charged 
the  members  of  the  Cabinet  not  to  speak  of  it,  he  did  not  feel 
at  liberty  to  speak  of  it  himself. 

He  asked  me  to  go  to  the  Senate  to  see  Senator  Wigfall 
and  make  this  explanation  to  him,  and  to  say  to  him  that  his 
not  telling  him  what  he  had  done  was  not  because  of  any 
withdrawal  of  confidence  in  him,  that  it  was  no  time  for 
friends  to  quarrel,  and  that  he  certainly  meant  no  disrespect. 
I  went  to  the  Senate,  saw  Senator  Wigfall,  and  made  the 
explanation  to  him.  He  expressed  himself  as  gratified  with 
it,  and  said  he  would  call  at  my  house  that  night.  He  never 
came,  however,  and  the  next  day  was  as  bitter  in  his  denunci 
ation  of  the  President  as  before ;  and  continued  his  opposi 
tion  until  the  fall  of  the  Confederacy. 

The  Cabinet  of  Mr.  Davis  was  so  much  of  one  view  as  to 
the  necessities  of  our  situation,  that,  while  there  were  occa 
sional  differences  of  opinion  among  them,  as  was  to  be 
expected  of  thinking  men,  there  was  no  passion  nor  strife. 

It  happened  that  I  disagreed  with  the  views  of  the  Presi 
dent  oftener  than  any  other  member  of  the  Cabinet,  and  on 
one  occasion  I  mentioned  this  to  him,  expressing  my  willing 
ness  to  surrender  my  post  if  I  were  causing  any  embarrass 
ment.  He  answered  me  that  he  had  been  a  member  of  a 
Cabinet  himself;  adding  that  if  the  Cabinet  should  accept 
without  question  the  opinions  of  the  President,  he  did  not 
well  see  what  their  use  could  be  as  advisers  of  the  President, 
and  that  he  was  far  from  being  displeased  with  my  course 
in  this  respect.  He  observed  that  the  free  interchange  of 
opinions  was  the  way  of  arriving  at  correct  conclusions. 


CABINET    AND   OTHER   QUESTIONS  163 

The  President  and  Cabinet  were  so  constantly  and  earn 
estly  engaged  in  the  performance  of  their  duties  that  but 
little  time  or  attention  was  given  to  social  amenities.  I  will 
mention  an  incident  which  occurred  when  the  President  had 
invited  the  Secretary  of  the  Treasury,  Senator  Clay  of  Ala 
bama,  and  myself  to  take  breakfast  with  him.  We  were  still 
at  the  table  when  a  lady  sent  in  her  card.  Mr.  Davis,  sup 
posing  it  to  be  intended  for  Mrs.  Davis,  sent  back  word  that 
Mrs.  Davis  was  not  in.  The  lady  returned  word  that  she 
had  not  called  to  see  Mrs.  Davis ;  that  she  wished  to  see  the 
President. 

She  was  invited  in  and  proved  to  be  quite  an  elderly  lady, 
though  sturdy  and  vigorous.  She  related  that  her  home  and 
property  were  in  the  Federal  lines  and  that  she  had  come  to 
seek  employment  as  clerk.  She  said  that  her  children  were 
able  to  take  care  of  her,  but  that  while  she  knew  they  would 
do  so  cheerfully,  she  did  not  want  to  feel  that  she  was  a 
dependant.  She  showed  the  President  a  gold-headed  cane 
and  a  large  oblong  ring  on  her  finger,  which  she  said  were 
in  her  possession  as  the  eldest  surviving  descendant  of  the 
Hon.  George  Mason  of  Revolutionary  times.  Mr.  Davis 
inquired  if  I  could  give  her  employment  in  the  Post  Office 
Department;  but  I  had  to  tell  him  there  was  no  vacancy. 
He  made  the  same  inquiry  of  Secretary  Memminger,  who 
requested  her  to  write  out  her  application  in  her  own  hand 
writing,  and  when  he  got  to  the  Treasury  Department  he 
would  see  what  could  be  done  for  her.  She  sent  in  her  appli 
cation  in  a  bold,  free  hand,  and  received  the  appointment. 

I  will  mention  another  incident  in  which  I  was  relieved 
from  a  dilemma.  I  had  invited  the  members  of  the  Cabinet 
to  dine  with  me.  Among  the  dishes  on  the  table  was  one  of 
fried  ham  and  eggs.  Knowing  that  Mr.  Benjamin,  the  Sec 
retary  of  State,  was  a  Jew,  I  was  perplexed  to  know  whether 
I  should  offer  them  to  him.  But  to  my  relief  he  told  me  that 
the  night  before  a  burglar  had  broken  into  his  smoke-house 
and  stolen  all  of  his  fine  hams. 


164  MEMOIRS    BY    JOHN    H.    REAGAN 

In  this  connection  I  will  call  attention  to  some  facts  which 
illustrate  the  humane  character  of  President  Davis.  My 
understanding  is  that,  while  the  proceedings  of  many  courts 
martial  in  which  men  were  sentenced  to  be  shot  for  desertion 
and  other  military  offenses  came  to  him  for  consideration,  he 
never  approved  a  single  death  sentence.  It  was  the  talk 
among  the  members  of  the  Cabinet,  that  when  the  record  of 
any  such  case  came  to  him,  he  would  examine  it  as  a  common 
law  lawyer  would  examine  a  bill  of  indictment  he  wished  to 
quash,  and  he  never  failed  to  find  some  reason  for  setting 
aside  the  death  penalty.  To  guard  against  the  effect  of  this, 
during  the  latter  years  of  the  war,  General  Lee  found  it  neces 
sary  to  have  some  of  the  deserters  shot  before  the  record  was 
sent  to  the  President,  as  he  feared  without  doing  this  his 
army  would  become  too  much  depleted  by  desertion. 

Toward  the  close  of  the  war  the  necessities  of  the  service 
demanded  every  available  man,  and  it  was  difficult  for  a  sol 
dier  to  get  a  leave  of  absence  for  any  cause.  There  was  a 
North  Carolina  soldier  whose  family,  consisting  of  a  wife 
and  three  or  four  children,  had  been  driven  from  their  home 
by  the  enemy.  Word  came  to  him  that  they  were  all  sick  and 
destitute,  and  that  one  of  the  children  had  died.  He  applied 
for  a  leave  of  absence  to  go  to  their  relief,  but  it  was  refused. 
Not  to  be  deterred,  however,  he  went  to  his  family  and  did 
what  he  could  for  them,  and  had  started  back  to  the  army 
when  he  was  arrested  as  a  deserter.  He  was  tried  and  con 
demned  to  be  shot.  When  Mr.  Davis  examined  the  record 
he  set  aside  the  findings  of  the  court,  and  ordered  the  prisoner 
to  be  restored  to  the  ranks,  saying  that  if  he  had  been  that 
man,  under  the  circumstances,  he  would  have  acted  in  a  sim 
ilar  way. 

A  youth  of  Richmond,  who  had  been  a  naval  cadet, 
deserted  and  enlisted  in  the  infantry  service.  He  was  tried 
for  desertion,  but  because  he  had  enlisted  in  another  branch 
of  the  service  was  not  punished.  Afterward  he  deserted 
from  the  infantry  and  joined  a  cavalry  command ;  he  was 


CABINET    AND    OTHER    QUESTIONS  165 

again  tried  for  desertion,  and  being  regarded  as  an  incurable, 
was  convicted.  The  President  ordered  him  restored  to  the 
ranks,  saying  that  the  poorest  use  which  could  be  made  of  a 
soldier  was  to  shoot  him. 

Riding  out  along  the  line  below  Richmond  with  the  Presi 
dent  on  one  occasion,  we  passed  a  rather  small  boy  in  a  sol 
dier's  uniform. 

"My  boy,  are  you  a  soldier  ?"  the  President  asked. 

"I  am,  sir,"  came  quickly. 

"How  old  are  you?" 

"Fourteen,"  the  youth  replied. 

Mr.  Davis  then  inquired  to  what  command  he  belonged, 
and  upon  being  informed,  requested  the  boy  to  ask  his  captain 
to  come,  which  was  done.  The  President  remarked  to  the 
captain,  "I  think  you  should  send  that  boy  home ;  we  ought 
not  to  destroy  the  seed  corn." 


CHAPTER  XIII 
HAMPTON  ROADS  CONFERENCE 

Vice-President  Stephens,  as  shown  in  his  History  of  the 
War  Between  the  States,  and  in  utterances  after  the  fall  of 
Vicksburg  and  the  drawn  battle  at  Gettysburg,  and  even 
before  that,  seemed  to  think  something  could  be  done  to 
arrest  the  carnage  of  war  by  negotiations;  and  offered  his 
service  for  that  purpose  in  June,  1863.  He  evidently  believed 
there  was  some  possibility  of  favorable  results  from  an  effort 
at  that  time.  After  this  matter  had  been  discussed  between 
them,  the  President  gave  him  authority  to  go  to  Washington 
and  see  whether  anything  could  be  done.  The  authority  he 
had  from  the  President  was  to  endeavor  to  secure  a  renewal 
of  the  cartel  for  the  exchange  of  prisoners ;  but  the  discus 
sion,  as  shown  in  Mr.  Stephens's  book,  indicated  that  he 
hoped  to  offer  suggestions  looking  to  a  cessation  of  hostili 
ties.  While  it  is  not  stated  by  him  or  by  the  President  in 
their  printed  accounts  about  the  matter,  I  understood  at  the 
time  that  the  Vice-President  hoped  for  some  good  effect  on 
account  of  the  fact  that  he  and  President  Lincoln  had  been 
associated  as  Whig  members  of  Congress,  and  as  friends 
before  the  war,  and  that  he  might,  because  of  that,  be  in 
a  better  position  to  invite  the  attention  of  Mr.  Lincoln  to 
pacific  measures.  He  went  to  the  Federal  lines,  but  was 
refused  permission  to  proceed  to  Washington. 

In  his  history  (Vol.  II.,  p.  561)  he  uses  this  language, 
referring  to  what  he  hoped  to  accomplish : 

But  if  Mr.  Lincoln  could  be  prevailed  on  to  agree  to  such  a 
conference,  then  the  object  proposed,  besides  effecting,  if  pos 
sible,  the  general  amelioration  of  prisoners,  and  the  mitigation 


HAMPTON    ROADS    CONFERENCE  167 

of  the  horrors  of  war  as  conducted  by  the  Federals,  was  to 
use  the  occasion  for  effecting  also,  if  possible,  other  material 
results  which  might  open  the  way  for  future  negotiations  that 
might  eventually  lead  on  to  an  amicable  adjustment.  * 
In  this  view  Mr.  Davis  did  not  concur.  He  did  not  believe  that 
the  road  to  peace  lay  in  that  way.  He  did  not  think  that  any 
thing  towards  its  ultimate  obtainment  could  be  effected  on  this 
line  of  external  policy  indicated  by  me. 

But  his  book  shows  that  after  the  siege  of  Vicksburg  and 
the  battle  of  Gettysburg,  he  himself  had  lost  confidence  in  the 
scheme.  However,  it  was  finally  agreed  between  them  that 
he  should  undertake  the  trip  to  Washington;  but  this  pro 
gramme  was  superseded  by  the  Hampton  Roads  Conference, 
growing  out  of  the  Hon.  Francis  P.  Blair's  intercession. 

On  the  1 2th  of  January,  1865,  the  venerable  Francis  P. 
Blair,  by  permission  of  the  Federal  and  Confederate  authori 
ties,  visited  President  Davis  at  Richmond,  Virginia,  in  the 
interest  of  peace  between  the  United  States  and  the  Confed 
erate  States.  He  disavowed  any  authority  from  the  Govern 
ment  of  the  United  States  to  act  for  it.  His  idea  seems  to 
have  been  to  secure  a  conference  between  the  military 
authorities  of  the  two  governments ;  and  to  arrange  a  plan, 
without  any  formal  negotiations,  by  which  the  armies  of  the 
two  countries  could  be  united  and  sent  to  Mexico  to  enforce 
the  Monroe  Doctrine  against  the  Government  of  the 
Emperor  Maximilian.  After  this  conference,  Mr.  Davis 
gave  Mr.  Blair  a  letter  stating  that  he  had  no  desire  to  throw 
obstacles  in  the  way  of  negotiations  for  the  restoration  of 
peace  between  the  two  countries,  and  that  he  was  ready  to 
send  commissioners  for  that  purpose  whenever  he  had  reason 
to  suppose  they  would  be  received.  Mr.  Blair  having 
returned  to  Washington,  on  the  I3th  of  January  President 
Lincoln  addressed  a  note  to  him  in  which  he  referred  to  the 
letter  of  President  Davis,  and  expressed  his  willingness  to 
receive  any  agent  whom  Mr.  Davis  might  send  him,  with  a 
view  of  securing  peace  to  our  common  country. 


168  MEMOIRS    BY    JOHN    H.    REAGAN 

Upon  learning  of  this  disposition,  Mr.  Davis  determined 
to  send  as  Commissioners,  for  an  informal  conference,  Vice- 
President  Stephens,  the  Hon.  R.  M.  T.  Hunter,  president  of 
the  Confederate  Senate  and  former  United  States  Senator; 
and  the  Hon.  John  A.  Campbell,  formerly  a  justice  of  the 
Supreme  Court  of  the  United  States.  The  following  is  the 
commission  under  which  they  were  to  act : 

RICHMOND,  January  23,  1865. 

In  conformity  with  the  letter  of  Mr.  Lincoln,  you  are 
requested  to  proceed  to  Washington  City  for  an  informal  con 
ference  upon  the  issues  involved  in  the  existing  war,  and  for 
the  purpose  of  securing  peace  to  the  two  countries. 

Mr.  Lincoln  changed  his  purpose,  and,  instead  of  receiving 
them  at  Washington,  met  them  at  Hampton  Roads.  The 
Confederate  Commissioners  were  met  there  also  by  Secretary 
of  State  W.  H.  Seward  on  the  part  of  the  United  States. 

During  recent  years  there  has  been  an  extensive  discussion 
through  the  public  prints  of  the  questions  which  rose  at  the 
Hampton  Roads  Conference.  It  has  been  asserted  over  and 
over  that  President  Lincoln  offered  to  pay  $400,000,000  for 
the  slaves  of  the  South  to  secure  an  end  of  the  war;  and  that 
he  held  up  a  piece  of  paper  to  Mr.  Stephens,  saying :  "Let 
me  write  the  word  Union  on  it,  and  you  may  add  any  other 
conditions  you  please,  if  it  will  give  us  peace."  I  am  probably 
not  using  the  exact  words  which  were  employed,  but  I  am 
expressing  the  idea  given  to  the  public,  in  the  discussion.  It 
has  frequently  been  alleged  that  Mr.  Stephens  said  these 
offers  were  made.  This  has  been  repeated  by  citizens  of 
acknowledged  ability  and  high  character,  and  it  has  been  said 
that  these  offers  could  not  be  acceded  to  because  the  instruc 
tions  given  to  the  Commission  by  President  Davis  prevented 
it.  The  purpose  of  urging  these  untrue  statements  seems  to 
have  been  to  induce  the  public  to  believe  that  Mr.  Davis  could 
have  obtained  peace  on  almost  any  terms  desired  and  $400,- 
000,000  for  the  Southern  slaves  if  he  would  have  consented 


HAMPTON    ROADS    CONFERENCE  169 

to  a  restoration  of  the  Southern  States  to  the  Union;  and 
that,  because  of  this,  he  was  responsible  for  the  losses  of  life 
and  property  caused  by  the  continuance  of  the  war. 

I  shall  submit  evidence  which  will  prove  that  no  such  prop 
ositions  were  ever  made.  This  course  is  rendered  necessary 
and  just,  both  for  the  truth  of  history,  and  to  vindicate  the 
action  of  President  Davis  and  his  Cabinet.  For,  undoubtedly, 
one  of  the  purposes  of  insisting  that  such  offers  were  made 
is  to  mislead  the  public  as  to  the  truth. 

The  following  is  the  report  of  the  Confederate  Commis 
sioners  to  President  Davis  as  to  what  occurred  at  the 
Conference  held  on  the  5th  of  February : 

To  THE  PRESIDENT  OF  THE  CONFEDERATE  STATES  : 

Under  your  letter  of  appointment  of  the  28th  ult.,  we  pro 
ceeded  to  seek  an  "informal  conference"  with  Abraham  Lincoln, 
President  of  the  United  States,  upon  the  subject  mentioned  in 
the  letter.  The  conference  was  granted  and  took  place  on  the 
3oth  ult.,  on  board  a  steamer  anchored  in  Hampton  Roads, 
where  we  met  President  Lincoln  and  the  Honorable  Mr.  Seward, 
Secretary  of  State  of  the  United  States.  It  continued  for  sev 
eral  hours,  and  was  both  full  and  explicit.  We  learned  from 
them  that  the  message  of  President  Lincoln  to  the  Congress 
of  the  United  States,  in  December  last,  explains  clearly  and 
distinctly  his  sentiments  as  to  the  terms,  conditions,  and  methods 
of  proceeding  by  which  peace  can  be  secured  to  the  people,  and 
we  are  not  informed  that  they  would  be  modified  or  altered  to 
obtain  that  end.  We  understood  from  him  that  no  terms  or 
proposals  of  any  treaty  or  agreement  looking  to  an  ultimate 
settlement  would  be  entertained  or  made  by  him  with  the  author 
ities  of  the  Confederate  States,  because  that  would  be  a  recogni 
tion  of  their  existence  as  a  separate  power,  which  under  no 
circumstances  would  be  done;  and  for  a  like  reason  that  no 
such  terms  would  be  entertained  by  him  for  the  States  sepa 
rately;  that  no  extended  truce  or  armistice  (as  at  present 
advised)  would  be  granted  or  allowed  without  a  satisfactory 
assurance  in  advance  of  the  complete  restoration  of  the  author 
ity  of  the  Constitution  and  laws  of  the  United  States  over  all 
places  within  the  States  of  the  Confederacy;  that  whatever 
consequences  may  follow  from  the  reestablishment  of  that 


170  MEMOIRS   BY   JOHN    H.    REAGAN 

authority  must  be  accepted;  but  that  individuals  subject  to 
pains  and  penalties  under  the  laws  of  the  United  States  might 
rely  upon  a  very  liberal  use  of  the  power  confided  to  him  to 
remit  those  pains  and  penalties  if  peace  be  restored. 

During  the  conference,  the  proposed  amendment  to  the  Con 
stitution  of  the  United  States  adopted  by  Congress  on  the  3ist 
ultimo  was  brought  to  our  notice. 

This  amendment  provides  that  neither  slavery  nor  involun 
tary  servitude  except  for  crime,  should  exist  within  the  United 
States,  or  any  place  within  her  jurisdiction,  and  that  Congress 
would  have  power  to  enforce  this  amendment  by  appropriate 
legislation. 

Very  respectfully,  etc., 

ALEXANDER  H.  STEPHENS, 
R.  M.  T.  HUNTER, 
JOHN  A.  CAMPBELL. 

Complaint  has  been  made  that  Mr.  Davis,  by  the  wording 
of  his  instructions  to  the  Commission,  prevented  them  from 
making  peace  on  any  other  terms  than  upon  the  condition  of 
the  independence  of  the  Confederate  Government ;  and  that 
but  for  this  condition,  peace  might  have  been  secured  at  the 
Hampton  Roads  Conference.  The  official  papers  of  that 
conference  show  that  no  terms  could  have  been  obtained 
or  considered  other  than  the  unconditional  surrender  of 
the  Confederate  authorities.  Mr.  Davis  knew  the  Vice- 
President's  strong  inclination  to  make  peace  on  such  terms 
as  could  be  had.  This  is  evidenced  by  Mr.  Stephens's  His 
tory  of  the  War  Between  the  States,  and  by  his  many  state 
ments  to  others ;  and  it  is  fair  to  presume  that  the  limitation 
put  upon  the  power  of  these  Commissioners  was  for  the 
purpose  of  making  it  certain  that  they  should  agree  to 
nothing  less  than  either  the  recognition  of  the  independence 
of  the  Confederacy,  or  at  least  the  securing  of  protection 
against  the  unlawful  domination  of  its  enemies.  There  was 
a  wide  divergence  of  views  between  the  President  and  Vice- 
President  on  this  subject.  Mr.  Stephens  never  seemed  to 
realize  that  there  was  no  time,  while  we  had  fighting  armies 


HAMPTON    ROADS    CONFERENCE  171 

in  the  field,  that  the  people  and  the  Army  would  have  per 
mitted  an  unconditional  surrender  if  the  President  had  been 
so  inclined ;  nor  would  Mr.  Davis  at  any  time  have  consented 
to  surrender  while  we  had  armies  in  the  field  able  and  willing 
to  prolong  the  contest,  rather  than  submit  to  Federal  wrongs. 
It  is  seen  that  the  Confederate  Commissioners  say  that  no 
terms  or  proposals  of  any  treaty  or  agreement  would  be 
entertained  by  President  Lincoln  with  the  authorities  of  the 
Confederate  States,  or  with  any  of  the  States  separately, 
and  that  no  truce  or  armistice  would  be  allowed  without 
satisfactory  evidence,  in  advance,  of  the  complete  restoration 
of  the  authority  of  the  Constitution  and  laws  of  the  United 
States  over  all  places  within  the  States  of  the  Confederacy. 
This  report  was  signed  by  Mr.  Stephens,  Mr.  Hunter,  and 
Judge  Campbell.  It  shows  conclusively  that  unconditional 
surrender,  in  advance  of  any  negotiations,  was  the  only  con 
dition  whereby  the  war  could  be  ended.  And  Judge  Camp 
bell,  in  his  memoranda  relating  to  this  Conference,  says  that : 

In  conclusion,  Mr.  Hunter  summed  up  what  seemed  to  be 
the  result  of  the  interview:  that  there  could  be  no  arrange 
ments  by  treaty  between  the  Confederate  States  and  the  United 
States,  or  any  agreement  between  them ;  there  was  nothing  left 
for  them  but  unconditional  submission. 

On  the  6th  of  February,  1865,  President  Davis  sent  the 
report  of  the  Commissioners  to  the  Confederate  Congress, 
with  a  message  in  which  he  used  this  language : 

I  herewith  transmit  for  the  information  of  Congress  the 
report  of  the  eminent  citizens  above  named,  showing  that  the 
enemy  refused  to  enter  into  negotiations  with  the  Confederate 
States,  or  any  of  them  separately,  or  to  give  our  people  any 
other  terms  or  guaranties  than  those  which  the  conquerors 
may  grant,  or  to  permit  us  to  have  peace  on  any  other  basis 
than  our  unconditional  submission  to  their  rule,  coupled  with 
the  acceptance  of  their  recent  legislation  on  the  subject  of  the 
relations  between  the  black  and  white  population  of  each  State. 


172  MEMOIRS    BY    JOHN    H.    REAGAN 

In  his  History  of  the  War  Between  the  States  (Vol.  II., 
pp.  599-626)  Vice-President  Stephens  gives  a  carefully  com 
piled  account  of  what  was  done  at  the  conference;  and  in 
this  he  shows  plainly  and  fully  the  distinct  refusal  of  Presi 
dent  Lincoln  to  recognize,  or  in  any  form  to  make  or  agree 
to  any  terms  for  peace  with  the  Government  of  the  Confed 
erate  States,  or  with  any  of  the  States  separately,  except  upon 
the  condition  that  they  should,  before  any  other  measure 
should  be  considered,  recognize  and  accept  the  Constitution 
and  laws  of  the  United  States,  and  trust  to  Congress  as  to 
what  disposition  was  to  be  made  of  the  Confederacy,  their 
people,  and  property.  There  is  no  word  in  his  long  account 
of  any  proposition  as  to  the  payment  of  $400,000,000  for  the 
slaves,  or  of  President  Lincoln's  writing  the  word  Union  on 
a  sheet  of  paper  and  allowing  Mr.  Stephens  or  any  one  else 
to  determine  the  terms  and  conditions  upon  which  the  war 
should  be  ended. 

The  joint  resolutions,  expressing  the  sense  of  the  Confed 
erate  Congress  on  the  subject  of  the  Peace  Commission,  are 
as  follows : 

Whereas,  the  Congress  of  the  Confederate  States  have  ever 
been  desirous  of  an  honorable  and  a  permanent  settlement,  by 
negotiation,  of  all  matters  of  difference  between  the  people 
of  the  Confederate  States  of  America  and  the  Government  of 
the  United  States ;  and  to  this  end  provided,  immediately  on 
its  assembling  at  Montgomery  in  February,  eighteen  hundred 
and  sixty-one,  for  the  sending  of  three  commissioners  to  Wash 
ington,  to  negotiate  friendly  relations  on  all  questions  of  dis 
agreement  between  the  two  Governments,  on  principles  of  right, 
justice,  equity  and  good  faith;  and,  whereas,  these  having 
been  refused  a  reception,  Congress  again,  on  the  fourteenth 
of  June,  eighteen  hundred  and  sixty-four,  adopted  and  pub 
lished  a  Manifesto  to  the  civilized  world,  declaring  its  continued 
desire  to  settle,  without  further  shedding  of  blood,  upon  hon 
orable  terms,  all  questions  at  issue  between  the  people  of  the 
Confederate  States  and  those  of  the  United  States,  to  which 
the  only  response  received  from  the  Congress  of  the  United 
States  has  been,  the  voting  down,  by  large  majorities,  all  reso- 


HAMPTON    ROADS    CONFERENCE  173 

lutions  proposing  an  amicable  settlement  of  existing  difficul 
ties;  and,  whereas,  the  President  has  communicated  to  this 
Congress  that,  in  the  same  spirit  of  conciliation  and  peace,  he 
recently  sent  Vice-President  Stephens,  Senator  Hunter,  and 
Judge  Campbell  to  hold  conference  with  such  persons  as  the 
Government  of  the  United  States  might  designate  to  meet  them ; 
and,  whereas,  those  eminent  citizens,  after  a  full  conference 
with  President  Lincoln  and  Secretary  Seward,  have  reported 
that  they  were  informed  explicitly  that  the  authorities  of  the 
United  States  would  hold  no  negotiations  with  the  Confederate 
States,  or  any  of  them  separately ;  that  no  terms,  except  such 
as  the  conqueror  grants  to  the  subjugated,  would  be  extended 
to  the  people  of  these  States;  and  that  the  subversion  of  our 
institutions,  and  a  complete  submission  to  their  rule,  was  the 
only  condition  of  peace :  Therefore, 

Section  First.  Resolved  by  the  Congress  of  the  Confederate 
States  of  America,  that  while  Congress  regrets  that  no  alterna 
tive  is  left  to  the  people  of  the  Confederate  States  but  a  con 
tinuance  of  the  war  or  submission  to  terms  of  peace  alike  ruin 
ous  and  dishonorable,  it  accepts  in  their  behalf  the  issue  ten 
dered  them  by  the  authorities  of  the  United  States  Government, 
and  solemnly  declares  that  it  is  their  unalterable  determination 
to  prosecute  the  war  with  the  United  States  until  that  power 
shall  desist  from  its  efforts  to  subjugate  them,  and  the  inde 
pendence  of  the  Confederate  States  shall  have  been  established. 

Section  Second.  Resolved,  that  the  Congress  has  received 
with  pride  the  numerous  noble  and  patriotic  resolutions  passed 
by  the  Army,  and  in  the  gallant  and  unconquered  spirit  which 
they  breathe,  coming  from  those  who  have  for  years  endured 
dangers  and  privations,  it  sees  unmistakable  evidence  that  the 
enthusiasm  with  which  they  first  dedicated  their  lives  to  the 
defense  of  their  country  is  not  yet  extinct,  but  has  been  con 
firmed  by  hardships  and  suffering  into  a  principle  of  resistance 
to  Northern  rule,  that  will  hold  in  contempt  all  disgraceful 
terms  of  submission ;  and  for  these  expressions  in  camp,  as 
well  as  for  their  noble  acts  in  the  field,  our  soldiers  deserve, 
and  will  receive  the  thanks  of  the  Country. 

Section  Third.  Resolved,  that  the  Congress  invite  the  people 
of  these  States  to  assemble  in  public  meetings,  and  renew  their 
vows  of  devotion  to  the  cause  of  independence ;  to  declare  their 
determination  to  maintain  their  liberties ;  to  pledge  themselves 
to  do  all  in  their  power  to  fill  the  ranks  of  the  Army ;  and  to 
provide  for  the  support  of  the  families  of  our  soldiers,  and 


174  MEMOIRS    BY   JOHN    H.    REAGAN 

to  cheer  and  comfort,  by  every  means,  the  gallant  men,  who, 
for  years,  through  trials  and  dangers,  have  vindicated  our 
rights  on  the  battlefield. 

Section  Fourth.  Resolved,  that,  invoking  the  blessing  of  God, 
and  confiding  in  the  justice  of  our  cause,  in  the  valor  and  endur 
ance  of  our  soldiers,  and  in  the  deep  and  ardent  devotion  of  our 
people  to  the  great  principles  of  civil  and  political  liberty  for 
which  we  are  contending,  Congress  pledges  itself  to  the  pas 
sage  of  the  most  energetic  measures  to  secure  our  ultimate 
success. 

T.  S.  BOCOCK, 
Speaker  of  the  House  of  Representatives. 

R.  M.  T.  HUNTER, 
President  pro  tempore  of  the  Senate. 
Approved  I4th  March,  '65. 
JEFFERSON  DAVIS. 

So  it  is  seen  that  we  have  the  report  of  the  Confederate 
Commissioners  to  the  President,  the  message  of  the  President 
to  Congress,  the  joint  resolutions  of  the  two  Houses  of  the 
Confederate  Congress,  and  the  evidence  of  Mr.  Stephens's 
history  of  what  occurred  at  that  Conference  to  prove  that  no 
such  offers  were  made  by  Mr.  Lincoln. 

While  it  may  seem  unnecessary,  I  will  go  further  and  add 
to  these  testimonials  those  of  President  Lincoln  and  Secre 
tary  Seward. 

Mr.  Lincoln  at  first  determined  to  send  Secretary  of  State 
Seward  to  meet  the  Confederate  Commissioners,  and  on  the 
3 ist  of  January,  1865,  furnished  him  with  instructions  for 
his  Government,  which  contained  these  provisions : 

You  will  make  known  to  them  that  three  things  are  indis 
pensable,  to  wit:  I,  the  restoration  of  the  national  authority 
throughout  all  the  States ;  2,  no  receding  by  the  Executive  of 
the  United  States,  on  the  slavery  question,  from  the  position 
assumed  thereon  in  the  late  message  to  Congress,  and  in  pre 
ceding  documents ;  3,  no  cessation  of  hostilities  short  of  an 
end  of  the  war  and  the  disbanding  of  all  forces  hostile  to  the 
Government. 


HAMPTON    ROADS    CONFERENCE  175 

In  Mr.  Lincoln's  annual  message  to  Congress  dated 
December  5th,  1864,  he  says: 

At  the  last  session  of  Congress  a  proposed  amendment  of 
the  Constitution  abolishing  slavery  throughout  the  United 
States  passed  the  Senate,  but  failed  of  the  requisite  two-thirds 
vote  of  the  House  of  Representatives.  Although  the  present 
is  the  same  Congress,  and  nearly  the  same  members,  and  with 
out  questioning  the  wisdom  and  patriotism  of  those  who  stood 
in  opposition,  I  venture  to  recommend  the  reconsideration  and 
passage  of  the  measure  at  the  present  session. 

And  the  same  message  contained  the  following : 

In  presenting  the  abandonment  of  armed  resistance  to  the 
national  authority,  on  the  part  of  the  insurgents,  as  the  only 
indispensable  condition  to  ending  the  war  on  the  part  of  the 
Government,  I  retract  nothing  heretofore  said  as  to  slavery. 
I  repeat  the  declaration  made  a  year  ago,  that  while  I  remain 
in  my  present  position  I  shall  not  attempt  to  retract  or  modify 
the  Emancipation  Proclamation,  nor  shall  I  return  to  slavery 
any  person  who  is  free  by  the  terms  of  that  proclamation,  or 
by  any  of  the  acts  of  Congress.  If  the  people  should,  by 
whatever  mode  or  means,  make  it  an  executive  duty  to  re-en 
slave  such  persons,  another,  and  not  I,  must  be  their  instrument 
to  perform  it. 

The  proclamation  here  referred  to  by  President  Lincoln 
was  that  of  January  i,  1863,  for  which  that  of  September 
22,  1862,  had  prepared  the  way.  In  that  of  the  later  date  he 
declared : 

That  on  the  ist  day  of  January,  1863,  all  persons  held  as 
slaves  within  any  State  or  designated  part  of  a  State,  the  people 
whereof  shall  be  in  rebellion  against  the  United  States,  shall 
be  then,  thenceforward,  and  forever  free. 

In  the  face  of  his  annual  message  of  December  5,  1864, 
and  of  these  two  proclamations,  how  could  President  Lincoln 
have  proposed  to  pay  $400,000,000  for  the  slaves  he  had 


176  MEMOIRS    BY    JOHN    H.    REAGAN 

already  set  free,  and  did  not  intend  to  return  to  a  condition 
of  slavery?  And  how  could  he  have  said  that  if  he  were 
allowed  to  write  the  word  Union  on  a  piece  of  blank  paper 
the  Confederate  Commissioners  might  name  any  terms  they 
pleased  to  end  the  war? 

On  the  7th  of  February,  1865,  Mr.  Seward  addressed  a 
communication  to  the  Hon.  Charles  Francis  Adams,  the 
Minister  Plenipotentiary  of  the  United  States  to  Great 
Britain,  giving,  for  his  information,  an  account  of  what 
occurred  at  the  Hampton  Roads  Conference.  This  letter, 
it  will  be  observed,  was  written  four  days  after  that  Confer 
ence.  In  it,  among  other  things,  he  said  that  President 
Lincoln  announced  to  the  Confederate  Commissioners : 

That  we  can  agree  to  no  cessation  or  suspension  of  hostilities, 
except  on  the  basis  of  the  disbandment  of  the  insurgent  forces, 
and  the  restoration  of  the  national  authority  throughout  all 
the  States  in  the  Union.  Collaterally,  and  in  subordination  to 
the  proposition  which  he  thus  announced,  the  anti-slavery  pol 
icy  of  the  United  States  was  reviewed  in  all  its  bearings,  and 
the  President  announced  that  he  must  not  be  expected  to  depart 
from  the  positions  he  had  assumed  in  his  Proclamation  of 
Emancipation,  and  other  documents,  as  these  positions  were 
reiterated  in  his  last  annual  message.  It  was  further  declared 
by  the  President  that  the  complete  restoration  of  national 
authority  everywhere  was  an  indispensable  condition  to  any 
assent  on  our  part  to  whatever  form  of  peace  might  be  pro 
posed.  The  President  assured  the  other  party  that  while  he 
must  adhere  to  these  positions,  he  would  be  prepared,  as  far 
as  power  was  lodged  with  the  Executive,  to  exercise  it  liber 
ally.  His  power,  however,  is  limited  by  the  Constitution ;  and 
when  peace  should  be  made,  Congress  must  necessarily  act  in 
regard  to  appropriations  of  money  and  the  admission  of  rep 
resentatives  from  the  insurrectionary  States.  The  Richmond 
party  was  then  informed  that  Congress  had,  on  the  3ist  ultimo, 
adopted  By  a  Constitutional  majority  a  joint  resolution  submit 
ting  to  the  several  States  the  proposition  to  abolish  slavery 
throughout  the  Union,  and  that  there  is  every  reason  to  expect 
that  it  will  be  accepted  by  three-fourths  of  the  States,  so  as  to 
become  a  part  of  the  organic  law. 


HAMPTON    ROADS    CONFERENCE  177 

I  have  not  access  to  the  Life  of  Lincoln  by  Nicolay  and 
Hay,  but  I  am  informed  that  it  fully  sustains  the  views  I  am 
presenting  on  this  question. 

While  it  is  true  that  some  respectable  men  have  asserted 
that  Mr.  Stephens  told  them  of  Mr.  Lincoln's  alleged  offer, — 
and  I  have  all  their  statements  in  writing  or  print, — there 
must  have  been  some  misunderstanding  as  to  his  language, 
for  he  was  an  honorable  and  truthful  man,  and  a  man  of  too 
much  good  sense  to  have  made  such  allegations  in  the  face 
of  such  record  as  is  here  presented.  Among  those  who  assert 
that  Mr.  Stephens  made  one  or  the  other  of  those  statements 
are  the  Hon.  Henry  Watterson,  editor  of  the  Courier-Jour 
nal;  Rev.  E.  A.  Green  of  Virginia;  Dr.  R.  J.  Massey  of 
Georgia,  and  Mr.  Clark  Howell  of  Georgia.  Any  impartial 
person  who  may  read  the  statements  of  Mr.  Green  will  see 
his  gross  ignorance  of  the  matters  of  which  he  writes,  and 
any  one  who  will  read  what  he  says  and  what  Dr.  Massey 
says  will  see  that  the  main  purpose  with  them  was  to  throw 
discredit  on  President  Davis  for  not  making  peace  on  terms 
which,  as  the  evidence  shows,  were  not  offered,  and  which 
we  were  fully  informed  could  not  be  allowed  the  Confed 
erates.  And  it  is  also  clear  that  a  prime  object  with  Dr. 
Massey  was  to  lionize  Mr.  Stephens  while  discrediting  Mr. 
Davis. 

Among  those  who  say  Mr.  Stephens  denied  making  these 
statements  are  the  Rev.  F.  C.  Boykin  of  Georgia;  Mr.  R.  F. 
Littig  of  Mississippi;  Hon.  James  Orr  of  South  Carolina, 
who  was  at  that  time  associated  with  Vice-President 
Stephens  as  a  member  of  the  Confederate  Senate;  Hon. 
Frank  B.  Sexton,  then  a  member  of  the  Confederate  Con 
gress;  Col.  Stephen  W.  Blount  of  Texas,  who  had  been  a 
schoolmate,  and  was  a  friend  to  Mr.  Stephens,  who,  in 
answer  to  Blount' s  inquiry,  wrote  that  he  never  made  any 
such  remark;  Mr.  Charles  G.  Newman,  of  Arkansas;  and 
Governor  A.  H.  Garland,  of  Arkansas,  who  was  at  the  time 
of  the  Conference  a  member  of  the  Confederate  Senate,  and 


178  MEMOIRS    BY    JOHN    H.    REAGAN 

the  roommate  of  Mr.  Stephens,  and  who  has  been  United 
States  Senator,  and  Attorney-General  of  the  United  States. 
Governor  Garland  says  that  on  the  return  of  the  Confederate 
Commissioners  Mr.  Stephens  told  him  no  terms  of  peace 
could  be  had  except  upon  unconditional  submission  of  the 
Confederates. 

It  is  not  pleasant  to  have  to  consider  such  a  conflict  of 
statements.  It  has  arisen  between  men  of  ability  and  char 
acter  in  the  discussion  of  one  of  the  important  historical 
questions  which  grew  out  of  the  great  contest.  And  the 
published  statements  show  that  there  was  an  extensive  effort 
being  made  to  pervert  and  falsify  the  history  of  that  impor 
tant  conference  so  as  to  cast  public  censure  on  President 
Davis  for  not  terminating  the  war  upon  conditions  which 
were  not  offered. 

I  also  have  a  letter  from  Senator  Vest  of  Missouri,  who 
was  then  a  Confederate  Senator,  in  which  he  says  :  "R.  M.  T. 
Hunter,  who  was  President  pro  tern,  of  the  Confederate  Sen 
ate,  told  me  in  detail  what  occurred  at  the  Fort  Monroe 
Conference,  and  it  agrees  with  your  statements.  No 
more  truthful  and  conservative  man  than  Hunter  ever  lived." 

The  message  of  Mr.  Lincoln  of  March  6,  1862,  and  his 
conference  with  border  State  representatives,  at  that  time, 
and  the  statements  he  made  to  Mr.  Stephens  at  the  Hampton 
Roads  Conference,  and  perhaps  other  expressions  of  his, 
showed,  I  think,  his  personal  willingness  that  compensation 
should  have  been  made  for  the  slaves  of  the  South,  but  the 
message  referred  to,  and  the  conference  which  followed,  were 
in  March  of  the  second  year  of  the  war;  his  suggestion  then 
was  that  the  border  States  of  the  Confederacy  should  adopt 
a  general  plan  of  emancipation  upon  the  basis  of  compensa 
tion,  and  that  if  this  was  done  it  would  defeat  the  purpose 
of  the  Southern  States.  It  was  a  bid  to  the  border  States  to 
desert  their  Southern  sister  States.  Those  representing  the 
border  States  declined  to  act  on  this  suggestion,  for  it  was 
only  a  suggestion ;  for  them  to  have  acted  in  advance  of  any 


HAMPTON    ROADS    CONFERENCE  179 

move  by  the  Northern  States,  and  with  no  assurance  that  if 
they  should  adopt  such  a  policy  it  would  ever  be  accepted  by 
the  North  would  have  been  a  species  of  madness.  This,  how 
ever,  had  no  direct  relation  to  what  occurred  at  Hampton 
Roads. 

I  have  no  doubt  that  Mr.  Stephens  recited  the  statement 
made  by  President  Lincoln  at  that  conference  to  the  effect 
that  he,  personally,  would  have  no  objection  to  an  arrange 
ment  for  compensation  for  the  slaves  if  that  would  end  the 
war,  and  that  he  knew  persons  who  would  be  willing  to  pay 
$400,000,000  for  that  purpose.  This  is  probably  the  basis 
and  the  only  basis  for  the  stories  so  often  repeated  about  his 
offering  at  that  conference  to  pay  $400,000,000  if  it  would 
end  the  war.  And  when  Mr.  Stephens  spoke  of  these  two 
things,  his  hearers,  I  must  suppose,  misunderstood  him,  or 
misconstrued  his  words.  It  is  better  to  view  it  thus  and  to 
assume  that  the  stories  referred  to  had  their  origin  in  that 
way  than  to  believe  that  wilful  misstatements  were  made. 

I  served  with  Mr.  Stephens  in  the  Congress  of  the  United 
States  four  years  before  the  war.  We  served  together  in  the 
Provisional  Congress  of  the  Confederacy;  were  thrown 
together  more  or  less  during  the  war ;  and  we  served  together 
in  Congress  for  several  years  after  the  war.  I  always 
regarded  him  as  an  upright,  honorable  man.  I  was  his 
friend,  and  admired  his  genius  and  ability,  though  I  thought 
during  the  war,  and  have  not  changed  my  opinion,  that  he 
had  very  impracticable  views  as  to  the  methods  of  conduct 
ing  the  war.  And  I  fear  from  his  writings  and  from  the 
statements  attributed  to  him  by  others  that  during  the  latter 
part  of  the  war,  and  after  it  closed,  he  allowed  his  great  name 
and  influence  to  give  too  much  encouragement  to  malcon 
tents,  who  caused  embarrassment  to  the  Confederate  Gov 
ernment,  and  who  endeavored  to  cast  unjust  reflections  on 
the  policy,  actions  and  services  of  President  Davis,  his  Cabi 
net  and  the  Confederate  Congress. 


CHAPTER  XIV 
THE  CAMPAIGNS  OF   1864  AND   1865 

After  the  retreat  of  Lee  from  Gettysburg,  a  pall  fell  over 
the  Confederacy,  for  much  had  been  expected  of  the  invasion 
of  the  North.  This  shadow  was  deepened,  too,  by  the  fall  of 
Vicksburg  and  Port  Hudson,  for  the  Confederacy  was  now 
cut  in  twain  by  the  Mississippi  River.  But  we  still  had  Lee 
and  his  army  and  other  armies,  and  therefore  hope  had  not 
expired. 

In  February,  1864,  an  expedition  under  the  command  of 
Colonel  Dahlgren  was  sent  from  the  Federal  army,  then  in 
Virginia,  having  for  its  object  the  release  of  22,000  Federal 
prisoners  on  Belle  Isle  and  other  prisons  in  Richmond,  the 
destruction  of  the  city  of  Richmond,  and  the  killing  of  Presi 
dent  Davis  and  his  Cabinet.  Dahlgren's  command  was  to 
cross  the  James  River  some  distance  above  Richmond,  pass 
down  the  south  side  of  the  river  to  Belle  Isle,  reach  it  through 
the  shallow  water  and  release  the  prisoners.  On  account  of 
the  swollen  condition  of  the  river,  he  was  unable  to  cross  it, 
and  turned  his  command  down  a  road  on  the  north  side. 

Governor  Wise  learned  of  the  movement,  and  brought 
word  of  it  to  the  city.  This  caused  the  Tredegar  battalion 
and  the  regiment  of  clerks  and  citizens  to  be  called  out — an 
expedient  resorted  to  only  in  emergencies.  At  a  bend  in  the 
road  not  far  above  Richmond,  he  met  the  battalion  of  work 
men,  employees  of  the  Tredegar  works.  The  battalion  was 
dispersed  by  Dahlgren.  In  the  mean  time  Colonel 
McAnerny's  regiment  was  hastening  to  the  defense  of  the 
city.  This  command  was  in  a  large  measure  made  up  of  men 


THE  CAMPAIGNS  OF  1864  AND  1865  181 

who  had  been  soldiers,  but  who  by  wounds  were  unfitted  for 
regular  duty.  McAnerny,  himself,  had  been  adjutant  of  an 
Alabama  regiment,  but  had  been  incapacitated  for  field 
service  by  wounds  and  was  a  clerk  in  the  Post  Office  Depart 
ment. 

A  citizen  who  witnessed  the  defeat  of  the  Tredegar  bat 
talion,  riding  rapidly  to  give  the  alarm,  met  McAnerny's 
regiment — not  Colonel  G.  W.  C.  Lee's,  as  Mr.  Davis  through 
mistake  states  in  his  history — just  outside  the  suburbs  of  the 
city,  on  the  road  by  which  Dahlgren  was  advancing,  and 
notified  them  of  the  pending  danger.  It  having  become 
dark  with  a  drizzling  rain,  Colonel  McAnerny  formed  his 
line  of  battle  across  the  road  in  a  field,  and  threw  forward  a 
line  of  skirmishers,  who,  when  the  enemy  approached,  were 
instructed  to  keep  up  a  desultory  fire  as  they  fell  back  to  the 
line  of  battle,  in  order  to  define  the  line  of  attack.  The  skir 
mishers  acted  with  admirable  coolness,  falling  back  slowly 
and  firing  to  keep  their  line  defined,  until  they  brought  Dahl- 
gren's  command  in  close  range  of  McAnerny's  regiment. 
The  men  had  been  ordered  to  lie  down,  until  the  enemy  had 
come  within  range,  when  they  were  ordered  to  rise  and  fire. 
This  they  did  admirably,  killing  and  wounding  some  of  the 
men  and  horses  of  the  enemy,  and  causing  them  to  retreat 
precipitately.  They  crossed  the  Chickahominy  and  York 
rivers  in  the  direction  of  King  and  Queen  counties.  There 
some  furloughed  soldiers,  home  guards  and  citizens,  having 
been  apprised  of  their  coming,  ambushed  them,  killing  Dahl 
gren  and  a  number  of  his  men,  and  wounding  and  making 
prisoners  of  the  rest.  To  quote  Mr.  Davis  (Rise  and  Fall 
of  the  Confederate  Government,  Vol.  II.,  p.  506)  : 

On  the  body  of  Dahlgren  was  found  an  address  to  his  officers 
and  men,  giving  special  orders  and  instructions,  and  one  giv 
ing  his  itinerary,  the  whole  disclosing  the  unsoldierly  means 
and  purposes  of  the  raid;  such  as  disguising  the  men  in  our 
uniform,  carrying  supplies  of  oakum  and  turpentine  to  burn 
Richmond,  and  after  releasing  the  prisoners  on  Belle  Isle,  to 


182  MEMOIRS    BY    JOHN    H.    REAGAN 

exhort  them  to  destroy  the  beautiful  city,  while  on  all  was 
pressed  the  special  injunction  that  the  city  must  be  burned  and 
"Jeff  Davis  and  his  Cabinet  killed." 

Photographic  copies  of  those  papers  were  made  and  sent 
to  the  Cabinets  of  Europe  to  show  the  barbarous  infractions 
of  the  laws  of  war  among  civilized  nations,  to  which  we 
were  exposed. 

President  Davis  had  on  more  than  one  occasion  threatened 
retaliation  for  the  violation  of  the  usages  of  war ;  and  at  a 
meeting  of  the  Cabinet,  after  the  above  facts  were  brought 
out,  the  members  of  the  Cabinet  united  in  urging  upon  the 
President  that  there  should  be  no  more  threatening  of  retali 
ation,  that  the  prisoners  who  had  been  taken  should  draw 
lots  and  every  tenth  man  be  shot;  and  that  the  President 
of  the  United  States  should  be  informed  of  what  we  had 
done,  and  of  the  reasons  for  such  action.  Mr.  Davis  objected 
to  shooting  unarmed  men,  observing  that  if  we  had  known 
these  facts  and  could  have  shot  them  with  arms  in  their 
hands,  it  would  have  been  all  right. 

There  was  on  this  point  more  feeling  expressed  by  the 
members  of  the  Cabinet,  and  seemingly  more  danger  of  a 
serious  disagreement  than  occurred  at  any  other  of  its  meet 
ings.  Some  of  them  called  attention  to  the  monstrous 
purpose  of  burning  the  city,  and  of  exposing  the  women  and 
children  to  the  infuriated  mob  of  released  prisoners,  and  the 
purposed  murder  of  the  President  and  Cabinet,  and  insisted 
on  their  recommendations  being  carried  out.  The  President 
in  an  emphatic  manner  said  that  he  would  not  permit  an 
unarmed  prisoner  to  be  shot;  and  so  the  matter  ended. 

There  was  one  battle  during  the  war  which  has  not  gone 
into  history,  and  as  I  was  an  active  agent  in  it,  I  shall  tell 
something  of  it.  One  morning  in  the  summer  of  1864  can 
non  firing  was  heard  to  the  northwest  of  Richmond,  and  we 
were  at  a  loss  to  understand  it,  as  we  had  no  information  of 


THE  CAMPAIGNS  OF  1864  AND  1865  183 

the  approach  of  an  enemy.  As  we  had  no  troops  there,  Sec 
retary  Mallory  and  I  got  our  horses  and  galloped  out  to 
where  the  noise  was.  When  we  got  near  our  old  line  of 
intrenchments  we  saw  Colonel  Lyon,  one  of  Richmond's 
most  prominent  citizens,  riding  along  the  line  of  intrench 
ments,  gesticulating  as  if  giving  directions.  When  we 
reached  him,  we  inquired  what  he  was  doing.  He  said : 
"Commanding  the  forces;  Reagan,  you  command  the  right; 
Mallory,  you  the  left,  and  I  will  take  the  center.'' 

We  rode  up  and  down  the  line  of  intrenchments  for  some 
time,  as  if  giving  directions  to  men,  with  the  shells  cracking 
over  us,  until  the  firing  ceased.  The  attacking  party  con 
sisted  of  a  regiment  of  cavalry  and  some  pieces  of  light 
artillery,  and  if  I  remember  correctly  they  were  commanded 
by  Colonel  Grierson,  who  had  prior  to  this  raided  exten 
sively  in  Mississippi ;  but  I  am  not  positive  as  to  the  name  of 
the  commander.  Colonel  Lyon's  residence  was  out  near  that 
line  of  intrenchment,  which  accounted  for  his  presence.  The 
Federals  evidently  feared  that  there  were  men  in  the 
trenches,  but  if  they  had  known,  there  was  nothing  to  have 
prevented  their  marching  unresisted  into  the  city.  Several 
times  during  the  war  Richmond  seemed  to  have  been  provi 
dentially  saved  from  capture. 

When  in  1864  General  Grant  had  taken  up  his  march  on 
Richmond,  and  the  battle  of  the  Wilderness  had  been  fought 
and  he  had  moved  forward  toward  Spottsylvania  Court 
House,  Sheridan  with  a  force  of  something  more  than  8,000 
cavalry  interposed  between  Lee  and  Richmond.  He  rightly 
thought  that  he  might  take  the  city  by  surprise.  But  Gen. 
J.  E.  B.  Stuart,  our  gallant  cavalier  and  great  cavalry  leader, 
with  a  force  of  about  1,100,  hung  on  his  flank.  At  this  time 
there  were  but  two  brigades  of  infantry  near  for  the  defense 
of  the  capital,  which  had  been  notified  of  its  danger  by 
couriers  dispatched  by  Stuart.  A  brigade  commanded  by 
General  Fry  was  ordered  up  from  below  the  city,  and  put  in 


184  MEMOIRS  BY  JOHN  H.  REAGAN 

position  on  the  Yellow  Tavern  road,  by  which  it  was 
expected  Sheridan  would  come.  The  regiment  of  clerks  and 
citizens  was  called  out  and  posted  on  our  line  of  defense  on 
the  Meadow  Bridge  road.  The  Tredegar  battalion  was  put 
in  position  further  to  the  right.  The  Confederate  line  was 
defended  by  several  batteries  of  siege  guns.  Sheridan  came 
up  on  the  Meadow  Bridge  road  instead  of  the  Yellow  Tavern 
road,  and  began  his  attack  early  in  the  day.  The  regiment 
of  clerks  and  citizens  had  wanted  me  to  command  them,  but 
the  President  and  Cabinet,  when  the  matter  was  mentioned 
to  them,  advised  against  it,  saying  that  I  might  be  wanted 
at  both  places  at  the  same  time.  At  my  suggestion,  Colonel 
McAnerny  was  put  in  command  of  the  regiment. 

Before  the  fighting  was  fairly  under  way,  General  Elzy, 
who  was  in  command  of  our  forces,  and  Colonel  McAnerny 
came  to  me  and  requested  me  to  command  the  regiment  dur 
ing  the  fight.  I  declined  to  do  so  on  the  ground  that  it  would 
be  unjust  to  take  the  command  on  the  first  opportunity 
McAnerny  had  of  being  engaged  in  battle.  They  then  pro 
posed  that  I  should  command  the  battalion  which  was  sup 
porting  the  battery  on  the  Meadow  Bridge  road,  and  the  two 
batteries  to  the  right  of  it.  I  answered  that  I  would  do  that, 
but  would  not  take  McAnerny's  command  from  him. 

The  artillery  firing  now  became  rapid  on  both  sides ;  Fitz- 
hugh  Lee's  brigade  of  cavalry  was  hanging  on  Sheridan's 
rear,  and  Gordon  of  North  Carolina,  with  his  brigade  of 
cavalry — both  of  those  brigades  being  under  General  Stu 
art — was  fighting  heavily  on  Sheridan's  right  flank.  About 
twelve  o'clock  General  Gracie's  brigade  of  infantry  came  up 
from  Charm's  farm  below  Richmond,  where  it  had  been 
placed  with  Fry's  brigade  to  protect  the  city  against  the 
threatened  attack  from  that  direction.  General  Gracie 
inquired  of  me  where  General  Elzy  was,  and  I  told  him  that 
half  an  hour  before  he  had  gone  up  our  line  to  the  left.  He 
said  that  he  would  move  out  in  front  and  do  what  he  could 
to  relieve  Lee  and  Gordon. 


THE  CAMPAIGNS  OF  1864  AND  1865  185 

He  formed  his  line  in  front  of  our  works,  sending  his  skir 
mishers  forward ;  he  requested  me  to  place  three  hundred  of 
my  best  men  outside  of  our  works,  to  be  ordered  up  if  found 
necessary.  While  I  was  forming  my  line  of  three  hundred, 
a  friend  who  had  come  out  from  Richmond  brought  me  a 
bottle  of  what  he  said  was  the  finest  brandy.  I  saw  the 
officers  of  Gracie's  command  come  together,  I  supposed  for 
consultation.  They  had  been  in  the  rain  during  the  latter 
part  of  the  night  and  all  the  morning.  I  rode  to  where  they 
were  assembled  and  told  them  a  friend  had  brought  me  a 
bottle  of  brandy,  and  that  I  supposed  they  needed  it.  They 
disposed  of  it  very  quickly,  and  General  Gracie  told  me  that 
when  the  battle  was  over  he  would  have  me  promoted. 

The  skirmishers  were  already  under  fire  and  General 
Gracie  advanced  his  command  until  two  Federal  batteries 
with  infantry  supports  were  enfilading  his  line  from  the 
right.  He  then  changed  front  at  an  angle  of  about  forty-five 
degrees,  and  marched  forward  until  he  drove  the  batteries 
away.  He  then  changed  his  front  to  his  original  course,  and 
moved  forward  in  the  open  field,  I  suppose  three-quarters 
of  a  mile  wide,  until  he  reached  the  woods  occupied  by  the 
enemy.  His  line  being  then  enfiladed  from  both  ends  and 
confronted  by  a  superior  force,  he  slowly  withdrew  toward 
our  works. 

All  these  movements  were  made  with  as  much  regularity 
as  on  an  old  field  muster.  They  were  certainly  the  hand 
somest  and  most  regular  movements  I  ever  saw  on  a  field  of 
battle.  He  rode  about  among  his  command  apparently  as 
cool  as  if  directing  farm  operations.  He  lost  some  seventy- 
five  men  in  killed  and  wounded;  his  horse  was  struck  three 
times,  and  he  himself  received  one  or  two  slight  wounds. 
The  battle  lasted  until  about  the  middle  of  the  afternoon, 
when  General  Sheridan  withdrew,  and  moved  off  in  a  north 
westerly  direction. 

I  witnessed  a  piece  of  heroic  conduct  on  that  occasion, 
which  deserves  to  be  noticed.  There  was  a  two-story  frame 


186  MEMOIRS    BY    JOHN    H.    REAGAN 

house  on  a  mound  surrounded  by  some  trees,  so  near  to  the 
battery  on  my  right  as  to  enable  the  enemy's  sharpshooters, 
who  occupied  it,  to  reach  our  men  with  their  shots.  It  had 
rained  and  the  platform  on  which  our  guns  stood  was  wet 
and  slippery,  and  in  firing  one  of  the  guns  it  bounded  off  the 
platform.  I  rode  to  where  it  was  and  was  giving  directions 
to  the  men  about  getting  it  back  on  the  platform,  when  a 
non-commissioned  officer,  whose  name  I  cannot  recall,  came 
to  me  and  said  that  if  I  would  permit  it,  he  would  take  some 
men  and  drive  the  sharpshooters  out  of  that  house  and  burn 
it.  My  reply  was,  "I  shall  not  object  to  your  doing  so,  but 
will  not  order  it."  He  went  away  and  in  a  few  minutes 
returned,  saying  that  he  had  his  men.  There  were,  I  think, 
eight  of  them.  They  jumped  outside  of  the  works  and  went 
at  a  double  quick,  half-bent  with  trailed  arms.  Three  of 
them  fell  before  they  reached  the  house,  but  they  drove  the 
Federals  away  and  burned  it. 

In  the  effort  of  General  Stuart  to  impede  the  advance  of 
Sheridan,  when  near  Richmond,  in  a  hand-to-hand  struggle 
he  received  a  mortal  wound  by  a  shot  so  close  to  him  that  it 
burnt  his  clothes. 

General  Stuart  was  an  Episcopalian,  and  I  attended  his 
funeral  services  at  one  of  the  Episcopal  churches  of  Rich 
mond.  As  if  to  add  to  the  solemnity  of  the  occasion,  while 
the  funeral  services  were  going  on  the  noise  of  the  enemy's 
cannon  made  it  partially  difficult  to  hear  what  was  said.  His 
death,  following  that  of  General  Jackson,  added  to  the  deep 
gloom  produced  by  the  death  of  that  invincible  leader.  In 
life  General  Stuart  was  as  genial  and  lovable  in  his  social 
intercourse  as  he  was  skilful  and  brave  in  battle. 

In  May,  1864,  Gen.  B.  F.  Butler  landed  a  force,  about 
40,000  strong,  on  the  south  side  of  the  James  River,  above 
the  mouth  of  the  Appomattox,  for  the  purpose  of  cutting  the 
railroad  connection  of  Richmond  with  the  South.  He 
actually  reached  and  took  possession  of  the  railroad  between 


THE  CAMPAIGNS  OF  1864  AND  1865  187 

Richmond  and  Petersburg.  It  devolved  on  General  Lee 
then,  with  an  inadequate  force,  to  defend  both  Richmond  and 
Petersburg;  and  he  was  perplexed  with  this  difficult  prob 
lem.  If  he  should  take  soldiers  from  the  north  side  of  the 
James  to  enable  him  to  repossess  the  railroad,  it  would 
endanger  Richmond.  If  he  should  take  them  from  the  east 
side  of  the  Appomattox  this  would  endanger  Petersburg; 
and  the  loss  of  either  place  would  have  been  most  unfortu 
nate  for  the  Confederate  cause. 

In  this  condition  of  things  Gregg's  brigade  (formerly 
Hood's)  \vas  confronting  the  Federal  forces  which  occupied 
the  railroad.  Suddenly,  without  orders,  and  as  the  result 
of  an  accidental  movement  of  the  brigade  standard,  it  rushed 
forward  and  drove  the  Federals  from  the  line  of  the  railroad 
and  thus  relieved  this  embarrassing  situation,  by  reestablish 
ing  communication  between  Richmond  and  Petersburg.  I 
inquired  of  General  Gregg  how  this  came  about.  He  told 
me  they  were  expecting  orders  to  advance ;  that  he  was  at 
one  end  of  his  line  and  the  standard  of  the  brigade  at  the 
other;  that  the  flag  was  moved  forward,  he  did  not  know 
by  whom  or  for  what  purpose,  and  that  the  men  assumed 
the  order  to  advance  had  come,  and  dashed  forward,  driving 
the  enemy  before  them. 

Great  was  the  relief  this  daring  movement  afforded  to 
General  Lee  and  the  authorities  and  people  of  Richmond  and 
Petersburg.  While  it  was  accomplished  with  much  less 
sacrifice  of  life  than  was  suffered  by  this  brigade  on  other 
occasions,  we  may  hardly  overestimate  its  importance.  And 
a  few  weeks  later  the  pictorial  papers  of  London  and  Liver 
pool  which  came  to  us  contained  very  amusing  and  interest 
ing  pictures  and  descriptions  of  Lee's  "Texans  straggling 
to  the  front." 

It  may  be  allowable  for  me,  in  this  connection,  to  mention 
two  other  instances,  illustrating  the  heroic  service  of  Hood's 
brigade,  which  occurred  after  Gen.  John  Gregg  became  its 
commander.  One  of  them  was  at  the  opening  of  the  cam- 


188  MEMOIRS    BY   JOHN    H.    REAGAN 

paign  of  1864.  After  the  great  battle  of  the  4th  of  May, 
1864,  known  as  the  battle  of  the  Wilderness,  General  Grant, 
during  the  night,  moved  a  portion  of  his  force  to  the  left 
for  the  purpose  of  turning  General  Lee's  right,  and  inter 
posing  between  him  and  Richmond.  General  Lee  at  the 
same  time  commenced  a  counter  movement  for  the  purpose 
of  enabling  General  Longstreet's  corps  to  turn  Grant's  left 
and  thus  to  double  him  back  on  the  Rappahannock. 

While  Longstreet  was  moving  into  position  along  the 
turnpike,  the  Federals  just  at  dawn,  with  three  lines  of  infan 
try,  attacked  the  divisions  of  Heth  and  Wilcox.  Many  of 
their  men  wearied  by  a  day  of  battle,  succeeded  by  a  night 
march  and  the  digging  of  intrenchments,  had  fallen  down  to 
sleep,  and  the  sudden  attack  of  the  Federals  threw  them  into 
some  confusion,  and  a  number  of  them  struggling  to  the 
rear  so  blocked  up  the  turnpike  as  to  impede  Longstreet's 
progress.  General  Gregg's  brigade  being  in  the  front  of 
Longstreet's  corps,  General  Lee  rode  up  and  directed  him 
to  move  out  his  brigade  and  "stop  those  people"  (meaning 
the  Federal  forces),  until  Longstreet  could  execute  his 
movement. 

Gregg  moved  his  brigade  out  to  the  front,  passing  through 
the  stragglers,  and  having  passed  the  Confederate  line  of 
works,  halted  his  command  to  re-align  it.  In  ordering  them 
to  go  forward,  he  announced  that  the  eye  of  General  Lee  was 
on  them.  In  his  anxiety  for  the  success  of  this  movement 
General  Lee  had  followed  them,  and  had  ridden  up  on  the 
line  of  works,  when  a  soldier  took  hold  of  his  bridle  to  stop 
his  horse.  General  Lee  spoke  to  him,  and  the  soldier  let  go 
and  the  General  rode  down  in  front  of  the  line  of  works. 
When  Gregg  announced  to  his  men  that  the  eye  of  General 
Lee  was  on  them,  they  faced  about  without  an  order,  and 
shouted,  "General  Lee,  go  back !  go  back !  we  know  what  you 
want,  and  it  will  be  done  if  you  will  go  back."  General  Lee 
took  off  his  hat,  and  the  tears  ran  down  his  cheeks. 


THE  CAMPAIGNS  OF  1864  AND  1865  189 

Then  the  brigade  moved  forward  to  encounter  the  enemy. 
They  were  outnumbered  in  front  and  flanked  at  both  ends, 
but  stayed  the  advance  of  the  enemy  until  Longstreet  so  far 
executed  his  movement  as  to  uncover  their  front;  in  doing 
which,  through  mistaken  identity,  he  was  seriously  wounded 
by  the  Confederates,  and  General  Jenkins,  who  was  with 
him,  was  killed.  Gregg  passed  the  old  line  of  \vorks  with 
seven  hundred  and  eleven  muskets.  He  lost  over  four  hun 
dred  in  killed  and  wounded,  and  he  had  three  horses  killed 
under  him  during  the  fight.  He  told  me  that  if  they  had  not 
been  relieved  by  General  Longstreet  he  believed  the  old 
brigade  would  have  been  annihilated,  for,  in  his  opinion, 
the  Texans  had  not  intended  to  go  back  alive. 

I  am  indebted  for  the  foregoing  facts  to  General  Gregg's 
account  of  them  to  me.  And  there  was  no  more  sincere  and 
truthful  man  than  Gregg,  who  at  last  was  killed  in  advance 
of  his  command,  in  an  assault  upon  a  strongly  intrenched 
line  near  Richmond. 

Elsewhere  I  have  spoken  of  President  Davis  being  under 
fire  at  the  battle  of  Seven  Pines.  While  I  was  not  a  witness 
to  it,  he  spoke  in  the  Cabinet  of  being  on  the  battlefield,  in 
the  open  ground  between  the  Chickahominy  and  Mechanics- 
ville,  when  the  ground  was  being  swept  by  the  shot  and  shell 
of  the  enemy,  and  of  his  being  ordered  from  the  field  by  Gen 
eral  Lee.  He  jocularly  remarked  that  he  had  supposed  him 
self  to  be  the  Commander-in-Chief  of  the  Army,  but  that 
General  Lee  insisted  on  his  retiring,  with  the  statement, 
"This  is  no  place  for  you."  Either  anxiety  for  the  results, 
or  military  training  and  instinct  seemed  to  draw  him  to  the 
battlefield,  and  to  points  of  danger. 

The  Hon.  Ely  Bruce,  a  member  of  the  Confederate  Con 
gress  from  Kentucky,  said  to  me  that  he  had  never  seen  a 
battle,  that  I  might  know  when  one  was  to  occur,  and  if  so 
he  would  be  glad  if  I  wrould  let  him  know.  A  few  days 
later  on  meeting  him,  I  told  him  that  if  he  would  meet  me 


190  MEMOIRS    BY   JOHN    H.    REAGAN 

at  the  Post  Office  Department  at  ten  o'clock  the  next  morn 
ing,  we  would  go  down  the  Petersburg  road,  and  might 
witness  a  battle.  General  Beauregard  was  then  in  command 
of  the  Confederate  forces  between  Richmond  and  Peters 
burg,  confronting  the  Federals  under  Gen.  B.  F.  Butler. 
General  Whiting  was  in  command  of  the  Confederate  forces 
at  Petersburg.  I  had  been  advised  that  a  battle  was  likely  to 
occur  between  them  on  the  day  to  which  I  refer,  and  that 
the  attack  on  the  Federals  was  to  be  made  by  General  Whit 
ing  on  the  Petersburg  side,  and  that  the  sound  of  his  guns 
was  to  be  the  signal  for  an  attack  by  Beauregard  from  the 
Richmond  side.  It  turned  out  that  the  Federals  had  deter 
mined  to  bring  on  the  battle  on  the  same  day;  so  that  they 
attacked  Beauregard's  forces,  and  during  the  battle  were 
driven  back  from  the  open  ground  into  the  woods.  But 
nothing  was  heard  from  General  Whiting.  The  Confeder 
ates  occupied  a  line  which  had  been  fortified  by  the  Federals 
just  at  the  edge  of  the  woods ;  but  their  advance  was  stopped 
at  this  line. 

The  general  officers  met  at  the  Petersburg  turnpike  for 
consultation,  and  while  talking,  one  of  them  was  hit  in  the 
back  by  a  bullet;  the  others  joked  him  about  being  shot  in 
the  back.  Still  nothing  was  heard  from  Whiting.  General 
Butler  had  pressed  his  artillery  and  sharpshooters  near 
enough  to  the  Confederate  line  to  cause  some  clanger  and  kept 
up  an  almost  continuous  fusillade.  In  this  condition  a  shower 
of  rain  came  up,  and  President  Davis,  who  was  present,  rode 
under  a  leaning  silver  maple  tree  and  a  young  officer  threw 
his  water-proof  cape  over  his  shoulders.  At  this  time  Gen 
eral  Beauregard  approached  and  suggested  to  the  President 
that  they  had  better  go  into  one  of  the  shanties  near  by,  which 
had  sheltered  the  soldiers,  and  get  out  of  the  rain.  Before 
that,  however,  some  of  the  officers  and  two  of  the  staff 
of  the  President  had  come  to  me  and  asked  me  to  try  to  get 
him  to  leave  the  field,  as  persons  were  getting  hit  occasionally 
and  he  was  as  likely  to  be  struck  as  others,  and  that  he  could 


THE  CAMPAIGNS  OF  1864  AND  1865  191 

be  of  no  use  there.  I  presented  their  request,  which  he  dis 
regarded,  going  instead  with  Beauregard  into  the  shanty. 
A  soldier  boy  accompanied  them,  and  presently  a  shell  from 
the  guns  of  the  enemy  took  one  of  the  boy's  arms  off  near  his 
shoulder  while  he  was  standing  by  them.  General  Beaure 
gard  suggested  that  the  enemy  seemed  to  have  the  range  of 
that  place,  and  that  they  had  better  go  across  the  turnpike 
to  the  open  ground,  which  they  did.  The  shells  continued  to 
sweep  the  ground  there  also  and  Beauregard  suggested  that 
they  seemed  to  have  the  range  everywhere. 

At  last  the  firing  ceased,  and  we  and  the  President  and  his 
staff  officers  returned  to  the  city.  It  turned  out  that  the 
reason  General  Whiting  did  not  commence  the  attack,  as 
expected,  was  because  he  was  drunk,  which  he  frankly 
admitted  in  a  letter  to  the  President.  He  was  not  disciplined 
as  he  ought  to  have  been,  for  such  conduct.  Because  of  his 
great  popularity  and  valuable  service  in  a  number  of  battles 
before  that,  he  was  permitted  to  retain  his  command.  The 
next  day  at  a  meeting  of  the  Cabinet,  the  President  spoke  of 
my  taking  the  message  to  him  requesting  him  to  retire  from 
the  field,  and  said  he  realized  as  well  as  the  officers  did  that 
his  presence  was  not  necessary,  but  added  that  it  was  very 
inconvenient  to  ride  off  under  fire. 

On  the  3rd  of  June,  1864,  the  second  battle  of  Cold  Har 
bor  was  fought,  in  which  General  Lee  had  less  than  50,000 
men,  while  General  Grant  had  more  than  100,000.  In  that 
battle  the  loss  on  the  Federal  side  was  over  13,000,  while  the 
loss  on  the  Confederate  side  was  probably  not  as  many  hun 
dred.  This  disparity  was  due  to  the  fact  that  the  Confed 
erates  were  assaulted  in  their  trenches. 

On  the  morning  of  that  day,  Judges  Lyons  and  Meredith, 
two  of  the  State  judges  living  in  Richmond,  and  myself,  rode 
out  to  our  line  of  battle,  crossing  the  Chickahominy  at 
Mechanicsville,  and  passing  along  a  few  hundred  yards  in 
the  rear  of  our  line  of  battle  until  we  came  in  sight  of  General 


192  MEMOIRS   BY   JOHN    H.    REAGAN 

Lee's  headquarters,  on  the  field  at  the  Games'  Mill  farm.  Sev 
eral  squads  of  Federal  prisoners  were  brought  back  to  the 
road  we  were  riding  on  as  we  passed  down  the  line.  When 
we  got  in  sight  of  General  Lee's  headquarters,  I  suggested  to 
Judge  Lyons  and  Judge  Meredith  that  I  would  ride  down  to 
where  General  Lee  was.  They  did  not  go  any  farther.  We 
could  see  that  the  enemy's  shells  were  falling  on  the  field 
about  General  Lee.  A  few  hundred  yards  in  the  rear  of  his 
headquarters  were  probably  fifteen  or  twenty  acres  of  forest 
trees,  surrounded  by  cultivated  land.  At  that  time  there  was 
a  good  deal  of  anxiety,  both  in  the  army  and  among  the 
civilians,  about  General  Lee's  exposing  himself  too  much  in 
battle,  accompanied  by  a  feeling  that  his  loss  would  be  of  the 
greatest  consequence ;  and  Judges  Lyons  and  Meredith  sug 
gested  that  I  should  inquire  of  General  Lee  whether  he  might 
not  send  his  orders  and  receive  his  reports,  covered  behind 
that  timber,  as  well  as  in  his  then  exposed  situation.  I  said 
to  them  that  I  would  see  the  General,  but  did  not  know  about 
making  suggestions  to  him  as  to  his  headquarters  in  the 
midst  of  a  battle. 

When  I  reached  the  camp  there  was  none  but  an  orderly 
with  him,  his  staff  officers  being  away  on  duty.  After  pass 
ing  the  compliments  of  the  day,  I  said  to  him  it  seemed  that 
a  great  deal  of  artillery  was  being  used. 

"Yes,"  he  replied,  "more  than  usual  on  both  sides."  He 
added,  "That  does  not  do  much  harm  here."  Then,  waving 
his  hand  toward  the  front,  where  the  rattle  of  musketry  made 
a  noise  like  the  tearing  of  a  sheet,  he  observed :  "It  is  that 
that  kills  men."  He  then  remarked  that  General  Grant  was 
hurling  columns  from  six  to  ten  deep  against  his  lines  at  three 
places  for  the  purpose  of  breaking  them. 

"General,"  I  said  to  him,  "if  he  breaks  your  line,  what 
reserve  have  you?" 

"Not  a  regiment,"  he  replied.  "And,"  he  added,  "that  has 
been  my  condition  ever  since  the  fighting  commenced  on  the 
Rappahannock.  If  I  shorten  my  lines  to  provide  a  reserve  he 


THE  CAMPAIGNS  OF  1864  AND  l86;  193 

will  turn  me ;  if  I  weaken  my  lines  to  provide  a  reserve,  he 
will  break  them."  He  also  said  that  he  had  to  fight  and 
march  his  men  without  sufficient  rest,  and  that  exhaustion 
and  the  want  of  vegetables  had  caused  the  loss  of  more  men 
than  the  bullets  of  the  enemy.  He  said  he  had  advised  them 
to  use  the  buds  of  sassafras  and  of  grapevines  as  a  substitute 
for  vegetables,  but  that  this  was  a  poor  substitute.  He  asked 
me,  on  my  return  to  Richmond,  to  see  the  commissary-gen 
eral  before  going  home,  and  to  urge  him  to  send  as  fast  as 
possible  all  the  potatoes  and  onions  he  could.  "Some  of  the 
men  now  have  scurvy,"  he  said. 

I  said  to  the  General  that  there  was  some  uneasiness  about 
his  being  exposed  so  much,  and  that  Judges  Lyons  and  Mere 
dith,  who  had  come  out  with  me,  had  suggested  the  inquiry 
whether  he  might  not  cover  himself  by  the  forest  trees  in 
his  rear,  and  from  there  send  his  orders  and  receive  his 
reports  as  well  as  from  this  exposed  position. 

His  reply  was  that  it  was  best  for  him  to  be  as  well  up 
toward  the  front  as  he  could,  and  that  when  the  shells  had 
begun  to  fall  on  the  field,  he  had  ordered  the  wagons  con 
taining  the  quartermaster,  commissary,  medical  and  ord 
nance  stores  to  fall  back  behind  the  forest  trees.  He  added : 
"I  have  as  good  generals  as  any  commander  ever  had,  and  I 
know  it,  but  still  it  is  well  for  me  to  know  the  position  of  our 
lines.  To  illustrate  this,"  he  continued,  "in  forming  my 
right,  I  directed  that  it  should  cover  Turkey  Hill,  which  juts 
out  on  the  Chickahominy  valley  so  as  to  command  cannon 
range  up  and  down  the  stream.  In  forming  the  line,  how 
ever,  this  was  not  done,  and  on  yesterday  afternoon  I  had  to 
direct  General  Breckinridge  to  recover  that  position  by  an 
assault  which  cost  us  a  good  many  men." 

General  Lee's  lines  were  then  about  seven  miles  from 
Richmond,  and  he  was  confronted  by  a  well  equipped  and 
well  organized  army  of  more  than  double  his  numbers.  And 
thus  situated  in  the  midst  of  a  great  battle,  he  was  calm  and 
self-possessed,  with  no  evidence  of  excitement;  and  in  his 


194  MEMOIRS    BY   JOHN    H.    REAGAN 

conversation  showed  he  was  thinking  of  the  condition  and 
wants  of  the  brave  men  under  his  command,  as  well  as 
guarding  with  invincible  courage  the  besieged  capital  of  the 
Confederacy.  Mrs.  Jefferson  Davis,  the  widow  of  the  Presi 
dent,  in  her  Memoir  of  him,  says  that  "in  April,  1864,  in 
General  Lee's  tent  meat  was  served  twice  a  week.  His  bill 
of  fare  was  a  head  of  cabbage  boiled  in  salt  water,  sweet 
potatoes,  and  a  pone  of  corn  bread;  when  he  invited  an 
officer  to  dine  with  him  he  had,  to  his  astonishment,  four 
inches  of  middling;  every  one  refused  from  politeness,  and 
the  servant  excused  the  smallness  of  the  piece  by  saying  it 
was  borrowed."  This  shows  how  the  greatest  general  of  the 
age  consented  to  live  and  to  suffer  privations  in  the  struggle 
for  justice  to  the  people  he  was  serving.  When  we  remember 
that  if  General  Lee  had  taken  sides  against  his  own  people 
and  State,  he  could  have  been  Commander-in-Chief  of  the 
armies  of  the  United  States,  and  that  he  had  to  abandon  his 
great  landed  estate  and  palatial  residence  fronting  Wash 
ington  City  on  the  Potomac,  and  that  his  family,  but  for  the 
kindness  of  friends,  would  have  become  homeless  refugees, 
we  can  understand  the  unparalleled  sacrifice  this  heroic  gen 
eral  made  in  supporting  and  defending  the  cause  of  right.  I 
can  but  feel  that  God  made  him  one  of  the  bravest,  best,  and 
most  patriotic,  as  well  as  one  of  the  greatest  of  men. 

August  29,  1864,  a  severely  contested  battle  was  fought, 
on  the  north  side  of  James  River,  below  Charm's  farm, 
between  General  Field's  division  of  Confederates,  and  a  por 
tion  of  the  Federal  army.  President  Davis  and  I  rode  down 
some  nine  or  ten  miles  to  the  battlefield.  When  we  reached 
our  outer  line  of  works  we  were  told  the  fighting  had 
occurred  about  one  mile  to  the  left  of  that  point,  and  that  the 
firing  had  ceased.  We  rode  to  General  Field's  headquarters, 
and  found  him  in  much  distress,  his  brother-in-law,  who  was 
a  member  of  his  staff,  having  been  killed.  We  saw  the  Fed 
eral  soldiers  under  a  flag  of  truce,  in  the  rear  of  our  line, 
burying  their  dead,  and  the  Confederates  under  a  flag  of 


THE  CAMPAIGNS  OF  1864  AND  1865  195 

truce,  in  the  rear  of  the  Federal  lines,  burying  our  dead. 
The  two  armies  had  alternately  been  driven  back  and  then 
recovered  their  ground,  and  when  the  fighting  ceased  each 
occupied  its  original  position. 

The  President  wished  to  see  General  Lee,  who,  as  General 
Field  told  us,  was  on  our  line  about  four  miles  to  the  right. 
Field  said  to  the  President  that  the  country  to  General  Lee's 
headquarters  was  wooded  and  rough  and  that  he  would  send 
one  of  his  staff  to  pilot  us.  On  our  way,  when  we  reached 
the  point  where  we  had  first  struck  our  line,  the  young  officer 
piloting  us  rode  across  it,  the  President  remarking  that  this 
was  our  outer  line.  But  that  officer  could  not  have  heard 
what  he  said,  as  he  made  no  response.  When  he  had  gone 
two  or  three  hundred  yards  we  heard  hallooing,  and  looking 
to  the  left  on  higher  ground,  saw  persons  beckoning  to  us. 
We  halted,  and  Judge  George  Clark,  who  now  lives  at  Waco, 
Texas,  then  commanding  the  company  on  that  part  of  the 
line,  came  down  to  us  and  said  that  seeing  us  outside  of  our 
lines,  he  had  ordered  his  men  to  fire  on  us,  when  he  noticed 
our  Confederate  gray.  He  told  us  that  in  half  a  minute  we 
would  have  been  in  the  Federal  lines,  and  would  have  been 
dead  or  prisoners.  It  is  needless  to  say  that  we  beat  a  retreat. 
The  President,  as  may  be  supposed,  was  not  in  a  good 
humor ;  and,  as  we  rode  on,  recognizing  the  mistake  of  our 
guide  and  seeing  that  he  was  much  mortified,  I  sought  to 
relieve  his  feelings,  and  went  forward  and  suggested  to  the 
President  that  the  young  man  was  much  hurt  and  that  it 
might  be  well  for  him  to  give  him  a  word  of  relief.  Mr. 
Davis  slacked  his  pace  a  little,  and  when  the  young  officer 
came  up,  spoke  of  his  serious  mistake;  but  in  a  way  which 
somewhat  relieved  his  embarrassment. 

It  was  some  time  after  nightfall  when  we  reached  General 
Lee's  headquarters ;  and  in  the  course  of  the  conversation  he 
said  it  had  been  over  one  hundred  days  since  the  fighting 
began  on  the  Rappahannock,  and  that  there  had  not  been  a 
dav  in  which  some  of  his  men  had  not  been  killed. 


CHAPTER  XV 
THE  SURRENDER  OF  OUR  ARMIES 

In  March,  1865,  the  army  defending  Richmond  had 
become  much  reduced,  and  suffered  more  or  less  from  insuf 
ficient  supplies.  Our  lines  for  the  defense  of  Richmond  and 
Petersburg  were  some  thirty  miles  long,  and  the  force  under 
General  Lee  barely  sufficed  for  a  skirmish  line.  On  the 
morning  of  the  2d  of  April  (Sunday),  General  Lee  com 
menced  the  withdrawal  of  his  entire  force  from  the  front. 
Being  anxious  about  the  situation,  I  was  with  the  Secretary 
of  War  until  pretty  late  Saturday  night.  On  the  next  morn 
ing  I  returned  to  the  War  Department  at  an  early  hour. 
While  there  the  Secretary  received  two  dispatches  from  Gen 
eral  Lee,  saying  in  substance  that  his  whole  line  would  retire 
from  its  position  at  seven  o'clock  that  evening,  and  making 
suggestions  for  the  security  of  the  public  archives.  Imme 
diately  on  receipt  of  this  information  I  started  to  commu 
nicate  it  to  the  President,  and  on  the  way  to  the  mansion 
met  him  and  Governor  Frank  R.  Lubbock,  a  member  of  his 
staff,  on  their  way  to  church,  and  informed  him  of  the  dis 
patches  from  General  Lee  to  the  Secretary  of  War. 

In  making  this  statement  I  am  not  unmindful  of  the  fact 
that  it  has  gone  into  history  that  President  Davis  received  a 
dispatch  from  General  Lee  that  morning  while  at  church, 
which  is  assumed  to  be  his  first  information  as  to  the  with 
drawal  of  our  army.  In  President  Davis's  Rise  and  Fall  of 
the  Confederate  Government,  he  uses  the  following  lan 
guage  :  "In  the  forenoon  of  Sunday,  April  2d,  I  received  in 
church  a  telegram  announcing  that  the  army  would  retire 
from  Petersburg  at  night." 


THE    SURRENDER   OF   OUR   ARMIES  197 

This  is  true ;  it  is  also  true  that  I  gave  him  the  first  infor 
mation  of  that  fact.  And  it  is  not  unnatural,  mine  being  an 
unofficial  communication,  that  he  should  state  as  a  historical 
fact  that  his  first  official  information  reached  him  while  at 
church. 

That  Sunday  was  a  sad  day  for  us  all.  The  President 
called  his  Cabinet  together  and  they  were  met  by  John 
Letcher,  the  Governor  of  Virginia,  and  Mr.  Mayo,  the  Mayor 
of  Richmond.  There  were  naturally  many  and  serious  ques 
tions  to  be  discussed,  and  among  them  the  disposition  that 
was  to  be  made  of  the  public  archives.  A  considerable  por 
tion  of  them,  mainly  from  the  Executive  Department,  were 
destroyed.  The  most  important  papers  of  the  Post  Office 
Department  had  been  sent  away  from  Richmond  in  the  care 
of  an  employee.  There  was  hardly  time  for  any  other  con 
sideration  ;  the  booming  of  the  guns  of  the  enemy  told  of  the 
approaching  host,  and  preparations  \*ere  hurriedly  made  for 
the  departure  of  the  governmental  forces.  The  President 
and  the  members  of  the  Cabinet,  with  the  heads  of  the 
bureaus  of  the  various  departments,  together  with  many  of 
the  clerks,  made  ready  for  leaving. 

The  streets  of  the  city  were  filled  with  eager  and  stolid- 
countenanced  people,  and  everything  was  hurry  and  bustle 
and  preparation,  for  never  before  had  Richmond  felt  that  the 
doom  of  capture  was  in  store  for  her.  During  four  long 
years,  the  armies  of  the  enemy  had  been  beaten  away  from 
her  very  gates,  but  now  the  sad  realization  of  the  inevitable 
seemed  to  possess  the  gallant  Confederate  citizens.  During 
the  years  of  conflict  they  had  become  inured  to  the  rattle  of 
their  windows  by  the  thunder  of  the  Federal  guns,  but  now 
all  was  suddenly  changed.  The  chief  problem  with  the  citi 
zens,  as  numbers  of  them  expressed  it  to  me,  was  whether 
they  should  attempt  to  leave  the  city  or  to  remain  at  their 
homes  and  submit  to  the  invading  army.  The  question,  how 
ever,  was  practically  predetermined  for  them.  Limited  trans 
portation  facilities  over  the  single  remaining  line  of  railroad 


198  MEMOIRS    BY    JOHN    H.    REAGAN 

south,  and  the  use  of  that  for  the  conveyance  of  such  of  the 
archives  as  could  be  carried,  together  with  the  demands  made 
upon  it  by  the  officials  of  the  Confederacy,  left  but  small 
opportunity  for  the  inhabitants  to  escape;  a  few,  however, 
were  accommodated  on  the  train  which  bore  away  the 
archives  and  the  Government  officials. 

The  fall  of  the  capital  of  the  Confederacy  apparently  fore 
shadowed  the  fall  of  the  Confederacy  itself,  and  the  gloom 
which  pervaded  all  ranks  of  society  was  appalling.  The  pen 
of  man  cannot  be  dipped  in  ink  black  enough  to  draw  the 
darkness  of  that  night  which  fell  over  Richmond.  Through 
out  the  city  reigned  a  quiet,  undemonstrative  confusion,  such 
as  the  realization  of  the  inevitable  draws  with  it — hardly  a 
soul  in  all  the  capital  found  rest  in  sleep,  for  on  the  morrow 
it  was  certain  the  stars  and  bars  would  be  replaced  by  the 
stars  and  stripes,  and  the  dream  of  an  independent  Confed 
eracy  would  have  blown  over  like  a  mist  from  the  sea.  I  like 
not  to  recall  the  terrible  tenseness  of  that  one  night  with  the 
awful  message  it  bore  to  the  Government  of  the  Confederacy. 

It  was  near  midnight  when  the  President  and  his  Cabinet 
left  the  heroic  city.  As  our  train,  frightfully  overcrowded, 
rolled  along  toward  Danville  we  were  oppressed  with  sorrow 
for  those  we  left  behind  us  and  with  fears  for  the  safety  of 
General  Lee  and  his  army.  At  the  last  Cabinet  conference 
our  hope  had  been,  and  it  was  General  Lee's,  that  he  might 
join  with  General  Johnston  in  North  Carolina,  and  that  their 
combined  armies  might  interpose  between  General  Grant  and 
General  Sherman.  There  was  in  this  movement  a  gleam  of 
hope,  for  faith  in  the  success  of  the  Confederacy  had  as  yet 
not  been  wholly  abandoned  by  the  Cabinet.  We  were  speed 
ing  on  toward  Danville  when  a  message  came  bearing  the 
melancholy  tidings  that  General  Lee  had  actually  abandoned 
the  lines  about  Petersburg  and  Richmond  and  was  in  retreat. 
After  almost  constant  fighting  and  a  most  heroic  struggle, 
for  weary  days,  against  overwhelming  odds,  General  Lee 
was  compelled  to  surrender  at  Appomattox  the  army  which 


THE   SURRENDER   OF   OUR   ARMIES  199 

had  fought  so  many  battles  and  won  so  many  victories  over 
superior  numbers. 

We  reached  Danville  on  the  morning  of  the  third  of 
April,  and  remained  there  several  days.  When  we  were 
leaving  news  was  brought  to  us  that  the  citizens  were  robbing 
the  commissary  and  quartermaster's  stores.  We  made  no 
stop  until  we  reached  Greensboro,  North  Carolina,  on  the 
nth  instant.  The  President  called  from  the  field  Generals 
Johnston  and  Beauregard  to  discuss  with  them  the  situation, 
for  they  commanded  the  forces  in  that  State,  and  practically 
our  only  army  in  that  part  of  the  Confederacy. 

After  receiving  their  report  of  the  condition  of  the  army 
there,  the  President  called  for  the  members  of  the  Cabinet 
and  General  Johnston  to  meet  him  at  ten  o'clock  the  next 
morning  at  the  house  of  Colonel  John  Taylor  Wood,  a  mem 
ber  of  his  staff,  for  the  purpose  of  considering  what  should 
be  done  in  view  of  the  conditions  reported  by  these  generals. 
The  army  of  General  Lee  having  surrendered,  this  was 
our  last  hope  in  that  part  of  the  Confederacy.  They  reported 
that  they  were  unable  to  meet  successfully  the  forces  com 
manded  by  General  Sherman,  and  that  retreat  would  render 
it  necessary  to  abandon  a  part  of  their  artillery  in  order  to 
get  horses  for  purposes  of  transportation.  In  addition  to 
this  they  suggested  that  a  retreat  would  cause  the  desolation 
of  the  country  through  which  it  was  made. 

Our  meeting  at  Colonel  Wood's  home  the  next  morning 
was  one  of  the  most  solemnly  funereal  I  ever  attended,  as  it 
was  apparent  that  we  must  consider  the  probable  loss  of  our 
cause.  When  we  were  convened,  a  general  conversation  was 
indulged  in  for  some  time.  No  one  seemed  disposed  to  take 
up  the  business  for  which  we  were  assembled.  With  feelings 
I  cannot  well  describe,  I  stated  that  if  we  were  to  proceed 
as  in  a  council  of  war,  where  the  youngest  spoke  first,  I  was 
prepared  to  give  my  views.  The  President  and  the  other 
members  of  the  Cabinet  suggested  that  I  should  proceed.  I 
then  proposed  in  substance,  as  bases  for  negotiations  for 
peace  with  the  enemy,  the  following : 


200  MEMOIRS    BY    JOHN    H.    REAGAN 

"I.  The  disbanding  of  the  military  forces  of  the  Con 
federacy. 

"II.  The  recognition  of  the  Constitution  and  authority 
of  the  Government  of  the  United  States. 

"III.  The  preservation  and  continuance  of  the  existing 
State  Governments. 

"IV.  The  preservation  to  the  people  of  all  their  political 
rights  and  the  rights  of  person  and  property  secured  to  them 
by  the  Constitution  of  the  United  States  and  of  their  several 
States. 

"V.  Freedom  from  future  prosecution  or  penalties  for 
participation  in  the  present  war. 

"VI.  Agreement  to  a  general  suspension  of  hostilities 
pending  these  negotiations/' 

General  Breckinridge,  Secretary  of  War,  expressed  his 
approval  of  these  suggestions;  Secretary  Mallory,  of  the 
Navy,  did  likewise ;  and  Attorney-General  Davis  commended 
them ;  but  the  Secretary  of  State,  Benjamin,  announced  him 
self  in  favor  of  continuing  the  struggle.  The  Cabinet  real 
ized  the  hopelessness  of  such  a  course  and  decided  against 
him.  The  President  then  instructed  General  Johnston,  on 
returning  to  his  command,  to  present  these  views  to  General 
Sherman. 

On  the  next  day,  I  think  it  was,  the  President  and  his  party 
left  Greensboro  for  Charlotte,  North  Carolina.  But  before 
we  started  the  citizens  began  raiding  the  quartermaster  and 
commissary  supplies,  and  pillaging  the  stores  of  the  town. 
They  were  finally  fired  on  and  driven  off. 

While  General  Johnston  was  with  us  at  Greensboro  he 
told  President  Davis  that  General  Sherman  had  authorized 
him  to  say  that  he  (Davis)  might  leave  the  country  on  a 
United  States  vessel  and  take  with  him  whoever  and  what 
ever  he  pleased.  To  this  the  President  replied,  "I  shall  do 
no  act  which  will  put  me  under  obligations  to  the  Federal 
Government."  This  was  not  given  to  the  public  by  any  mem 
ber  of  the  Cabinet,  so  far  as  I  know,  as  we  did  not  know 


THE    SURRENDER   OF    OUR    ARMIES  201 

whether  General  Sherman  was  authorized  to  make  such  an 
offer,  until  he  made  it  public  in  an  after-dinner  speech  in 
New  York  in  the  summer  of  1866.  In  that  address  he  said 
he  had  inquired  of  President  Lincoln  whether  he  should  cap 
ture  Mr.  Davis  or  let  him  go ;  and  that  Mr.  Lincoln  replied 
by  an  anecdote  about  a  temperance  lecturer  in  Illinois,  who, 
when  cold  and  wet,  had  stopped  for  the  night  at  a  wayside 
inn.  The  landlord,  noting  his  condition,  inquired  whether 
he  would  have  a  glass  of  brandy.  "No,"  came  the  reply ;  "I 
am  a  temperance  lecturer  and  do  not  drink."  However, 
after  a  pause,  he  said  to  the  landlord,  "I  shall  be  obliged  to 
you  for  a  drink  of  water,  and  if  you  should  put  a  little 
brandy  in  it  unbeknownst  to  me,  it  will  be  all  right." 

When  we  had  gotten  about  half  way  to  Charlotte,  the 
President  received  a  dispatch  from  General  Johnston, 
informing  him  that  he  was  in  communication  with  General 
Sherman,  and  requesting  that  some  one  should  be  sent  to 
assist  in  the  negotiations.  Mr.  Davis  requested  the  attend 
ance  of  General  Breckinridge  and  myself,  and,  stating  the 
substance  of  the  dispatch,  observed  that  as  I  had  proposed 
the  bases  for  the  negotiations,  he  desired  me  to  go,  and  that 
as  there  might  be  a  refusal  to  treat  with  the  civil  authorities 
of  the  Confederacy,  he  wished  General  Breckinridge  to  go 
to  represent  the  Army, 

Breckinridge  and  myself  left  at  once,  traveling  that  night, 
the  next  day  and  the  second  night  until  near  daylight,  when 
we  reached  the  headquarters  of  General  Johnston.  (Much 
of  the  railroad  track  had  been  torn  up  and  a  number  of 
bridges  burned,  which  caused  this  delay. )  General  Hampton 
was  with  him.  We  had  breakfast  toward  sun-up;  and 
shortly  afterward  General  Johnston  suggested  that  he  and 
General  Breckinridge  would  go  to  the  place  of  meeting  and 
entertain  General  Sherman  until  I  could  put  in  writing  our 
proposed  terms.  This  programme  was  followed,  and  I  sent 
the  paper  to  General  Johnston,  who  subsequently  stated  that 
it  contained  with  slight  variations  the  terms  of  the  armistice 


202  MEMOIRS    BY   JOHN    H.    REAGAN 

agreed  on  by  those  generals.  I  did  not  join  in  the  negotia 
tions  beyond  this,  because  objection  had  been  made  to  the 
recognition  of  the  civil  government  of  the  Confederacy.  But 
the  Federal  Government  refused  to  recognize  the  terms  of 
surrender  as  proposed  between  Johnston  and  Sherman ;  and 
so  an  arrangement  was  drawn  up  similar  to  that  effected  at 
Appomattox,  and  General  Johnston's  army  was  surrendered. 
On  receipt  of  information  of  the  surrender  of  General 
Johnston,  Mr.  Davis  requested  the  written  opinion  of  the 
members  of  his  Cabinet  as  to  what  course  should  be  adopted 
in  this  extremity.  In  my  opinion,  which  contained  a  pretty 
full  review  of  the  situation,  I  advised  acquiescence  in  the 
terms  of  surrender.  It  was  as  follows : 

CHARLOTTE,  NORTH  CAROLINA,  April  22,  1865. 
To  THE  PRESIDENT. 

SIR  :  In  obedience  to  your  request  for  the  opinions  in  writ 
ing  of  the  members  of  the  Cabinet,  on  the  questions :  First,  as 
to  whether  you  should  assent  to  the  preliminary  agreement 
of  the  i8th  instant  between  Gen.  Joseph  E.  Johnston,  of  the 
Confederate  Army,  and  Maj.-Gen.  W.  T.  Sherman,  of  the 
Army  of  the  United  States,  for  the  suspension  of  hostilities 
and  the  adjustment  of  the  difficulties  between  the  two  countries ; 
and  if  so,  second,  the  proper  mode  of  executing  this  agree 
ment  on  our  part,  I  must  advise — painful  as  the  necessity  is, 
in  view  of  the  relative  condition  of  the  armies  and  resources 
of  the  belligerents — the  acceptance  of  the  terms  of  the  agree 
ment. 

General  Lee,  the  general-in-chief  of  our  armies,  has  been 
compelled  to  surrender  our  principal  army,  heretofore  employed 
in  the  defense  of  our  capital,  with  a  loss  of  a  very  large  part  of 
our  ordnance,  arms,  munitions  of  war,  and  military  stores  of 
all  kinds,  with  what  remained  of  our  naval  establishment.  The 
officers  of  the  civil  government  have  been  compelled  to  aban 
don  the  capital,  carrying  with  them  the  archives,  and  thus  to 
close,  for  the  time  at  least,  the  regular  operations  of  its  several 
Departments,  with  no  place  now  open  to  us  at  which  we  can 
reestablish  and  put  these  Departments  in  operation,  with  any 
prospects  of  permanency  or  security  for  the  transaction  of  the 
public  business  and  the  carrying  on  of  the  Government.  The 


THE    SURRENDER    OF    OUR    ARMIES  203 

army  under  the  command  of  General  Johnston  has  been  reduced 
and  this  force  is,  from  demoralization  and  despondency,  melt 
ing  away  rapidly  by  the  troops  returning  to  their  homes  singly 
and  in  numbers  large  and  small ;  it  being  the  opinion  of  Gen 
erals  Johnston  and  Beauregard  that  with  the  men  and  means 
at  their  command,  they  can  oppose  no  serious  obstacle  to  the 
advance  of  General  Sherman's  army.  General  Johnston  is  of 
the  opinion  that  the  enemy's  forces  now  in  the  field  exceed 
ours  in  numbers  by  probably  ten  to  one.  Our  forces  in  the 
South,  though  still  holding  the  fortifications  at  Mobile,  have 
been  unable  to  prevent  the  fall  of  Selma  and  Montgomery  in 
Alabama,  and  of  Columbus  and  Macon  in  Georgia,  with  their 
magazines,  work-shops,  and  stores  of  supplies. 

The  army  west  of  the  Mississippi  is  unavailable  for  the  arrest 
of  the  victorious  career  of  the  enemy  east  of  that  river,  and 
is  inadequate  for  the  defense  of  the  country  west  of  it.  The 
country  is  worn  down  by  a  brilliant  and  heroic,  but  exhausting 
and  bloody  struggle  of  four  years.  Our  ports  are  closed  so  as 
to  exclude  the  hope  of  procuring  arms  and  supplies  from 
abroad;  and  we  are  unable  to  arm  our  people,  even  if  they 
were  willing  to  continue  the  struggle.  The  supplies  of  quarter 
master  and  commissary  stores  in  the  country  are  very  limited 
in  amount,  and  our  railroads  are  so  broken  and  destroyed  as 
to  prevent,  to  a  great  extent,  the  transportation  and  accumula 
tion  of  those  remaining.  Our  currency  has  lost  its  purchasing 
power,  and  there  is  no  means  of  supplying  the  treasury ;  and 
the  people  are  hostile  to  impressments  and  endeavor  to  conceal 
such  supplies  as  are  needed  for  the  army  from  the  officers 
charged  with  their  collection.  Our  armies,  in  case  of  a  pro 
longation  of  the  struggle,  will  continue  to  melt  away  as  they 
retreat  through  the  country.  There  is  danger,  and  I  think  I 
might  say  certainty,  based  on  the  information  we  have,  that 
a  portion,  and  probably  all  of  the  States  will  make  separate 
terms  with  the  enemy  as  they  are  over-run,  with  the  chance 
that  the  terms  so  obtained  will  be  less  favorable  than  those  con 
tained  in  the  agreement  under  consideration.  And  the  despair 
of  our  people  will  prevent  a  much  longer  continuance  of  serious 
resistance,  unless  they  shall  be  hereafter  urged  to  it  by  unen 
durable  oppressions. 

The  agreement  under  consideration  secures  to  our  people, 
if  ratified  by  both  parties,  the  uninterrupted  continuance  of  the 
existing  State  governments ;  the  guarantees  of  their  political 
rights  and  of  their  rights  of  person  and  property,  and  immunity 


204  MEMOIRS    BY    JOHN    H.    REAGAN 

from  future  prosecutions  and  penalties  for  their  participation 
in  the  existing  war,  on  the  condition  that  we  accept  the  Consti 
tution  and  Government  of  the  United  States  and  disband  our 
armies  by  marching  the  troops  to  their  respective  States,  and 
depositing  their  arms  in  the  State  arsenals,  subject  to  the  future 
control  of  that  Government,  but  with  a  verbal  understanding 
that  they  are  only  to  be  used  for  the  preservation  of  peace 
and  order  in  the  respective  States.  It  is  also  to  be  observed 
that  the  agreement  contains  no  direct  reference  to  the  ques 
tion  of  slavery,  requires  no  concessions  from  us  in  regard  to  it, 
and  leaves  it  subject  to  the  Constitution  and  laws  of  the  United 
States  and  of  the  several  States  just  as  it  was  before  the  war. 

With  these  facts  before  us,  and  under  the  belief  that  we  can 
not  now  reasonably  hope  for  the  achievement  of  our  inde 
pendence,  which  should  be  dearer  than  life  if  it  were  attain 
able,  and  under  the  belief  that  a  continuance  of  the  struggle, 
with  its  sacrifices  of  life  and  property,  and  its  accumulation  of 
sufferings,  without  a  reasonable  prospect  of  success,  would 
be  both  unwise  and  criminal,  I  advise  that  you  assent  to  the 
agreement  as  the  best  you  can  now  do  for  the  people  who  have 
clothed  you  with  the  high  trust  of  your  position. 

In  advising  this  course,  I  do  not  conceal  from  myself,  nor 
would  I  withhold  from  your  Excellency,  the  danger  of  trust 
ing  the  people  who  drove  us  to  war  by  their  unconstitutional 
and  unjust  aggressions,  and  who  will  now  add  the  conscious 
ness  of  power  to  their  love  of  dominion  and  greed  of  gain. 

It  is  right  also  for  me  to  say  that  much  as  we  have  been 
exhausted  in  men  and  resources,  I  am  of  the  opinion  that  if 
our  people  could  be  induced  to  continue  the  contest  with  the 
spirit  which  animated  them  during  the  first  years  of  the  war, 
our  independence  might  yet  be  in  our  reach.  But  I  see  no 
reason  to  hope  for  that  now. 

On  the  second  question,  as  to  the  proper  mode  of  executing 
the  agreement,  I  have  to  say  that  whatever  you  may  do  look 
ing  to  the  termination  of  the  contest  by  an  amicable  arrange 
ment  which  may  embrace  the  extinction  of  the  government  of 
the  Confederate  States,  must  be  done  without  special  authority 
to  be  found  in  the  Constitution.  And  yet,  I  am  of  the  opinion, 
that  charged  as  you  are  with  the  duty  of  looking  after  the 
general  welfare  of  the  people,  and  without  time  or  opportunity, 
under  the  peculiarity  and  necessities  of  the  case,  to  submit  the 
whole  question  to  the  States  for  their  deliberation  and  action 


THE    SURRENDER    OF    OUR    ARMIES  205 

without  danger  of  losing  material  advantages  provided  in 
the  agreement;  and  as  I  believe  that  you,  representing  the 
military  power  and  authority  of  all  the  States,  can  obtain  better 
terms  for  them  than  it  is  probable  they  could  obtain  each  for 
itself ;  and  as  it  is  in  your  power,  if  the  Federal  authorities 
accept  this  agreement,  to  terminate  the  ravages  of  war  sooner 
than  it  can  be  done  by  the  several  States,  while  the  enemy  is 
still  unconscious  of  the  full  extent  of  our  weakness,  you  should, 
in  case  of  the  acceptance  of  the  terms  of  this  agreement  by 
the  authorities  of  the  United  States,  accept  them  on  the  part 
of  the  Confederate  States,  and  take  steps  for  the  disbanding  of 
the  Confederate  armies  on  the  terms  agreed  on.  As  you  have 
no  power  to  change  the  government  of  the  country,  or  to  trans 
fer  the  allegiance  of  the  people,  I  would  advise  that  you  sub 
mit  to  the  several  States,  through  their  governors,  the  question 
as  to  whether  they  will,  in  the  exercise  of  their  own  sover 
eignty,  accept,  each  for  itself,  the  terms  proposed. 

To  this  it  may  be  said,  that  after  the  disbanding  of  our  armies 
and  the  abandonment  of  the  contest  by  the  Confederate  Gov 
ernment,  they  would  have  no  alternative  but  to  accept  the 
terms  proposed  or  an  unequal  and  hopeless  war,  and  it  would 
be  needless  for  them  to  go  through  the  forms  and  incur  the 
trouble  and  expense  of  assembling  a  convention  for  the  pur 
pose.  To  such  an  objection,  if  urged,  it  may  be  answered  that 
we  entered  into  the  contest  to  maintain  and  vindicate  the  doc 
trine  of  States'  rights  and  State  sovereignty,  and  the  right  of 
self-government,  and  we  can  only  be  faithful  to  the  Constitu 
tion  of  the  United  States,  and  true  to  the  principles  in  support 
of  which  we  have  expended  so  much  blood  and  treasure,  by 
the  employment  of  the  same  agencies  to  return  into  the  old 
Union  which  we  employed  in  separating  from  it  and  in  form 
ing  our  present  Government;  and  if  this  should  be  an  unwel 
come  and  enforced  action  by  the  States,  it  will  be  no  more 
so  on  the  part  of  the  States  than  on  the  part  of  the  President, 
if  he  were  to  undertake  to  execute  the  whole  agreement,  and 
while  they  would  have  authority  for  acting,  he  would  have  none. 

This  plan  would  at  least  conform  to  the  theory  of  the  Con 
stitution  of  the  United  States,  and  would,  in  future,  be  an 
additional  precedent,  to  which  the  friends  of  States'  rights 
could  point  in  opposing  the  doctrine  of  the  consolidation  of 
powers  in  the  central  government.  And  if  the  future  shall 
disclose  a  disposition  (of  which  I  fear  the  chance  is  remote) 
on  the  part  of  the  people  of  the  United  States  to  return  to 


206  MEMOIRS    BY    JOHN    H.    REAGAN 

the  spirit  and  meaning  of  the  Constitution,  then  this  action 
on  the  part  of  the  States  might  prove  to  be  of  great  value 
to  the  friends  of  constitutional  liberty  and  good  government. 

In  addition  to  the  terms  of  agreement,  an  additional  pro 
vision  should  be  asked  for,  which  will  probably  be  allowed 
without  objection,  stipulating  for  the  withdrawal  of  the  Fed 
eral  forces  from  the  several  States  of  the  Confederacy  except 
a  sufficient  number  to  garrison  the  permanent  fortifications 
and  take  care  of  the  public  property  until  the  States  can  call 
their  conventions  and  take  action  on  the  proposed  terms. 

In  addition  to  the  necessity  for  this  course,  in  order  to  make 
their  action  as  free  and  voluntary  as  other  circumstances  will 
allow,  it  would  aid  in  softening  the  bitter  memories  which 
must  necessarily  follow  such  a  contest  as  that  in  which  we 
are  engaged. 

Nothing  is  said  in  the  agreement  about  the  public  debt  and 
the  disposition  of  our  public  property  beyond  the  turning  over 
of  the  arms  to  the  State  arsenals. 

In  the  final  adjustment  we  should  endeavor  to  secure  pro 
visions  for  the  auditing  of  the  debt  of  the  Confederacy,  and 
for  its  payment  in  common  with  the  war  debt  of  the  United 
States. 

We  may  ask  this  on  the  ground  that  we  did  not  seek  this 
war,  but  only  sought  peaceful  separation  to  secure  our  people 
and  States  from  the  effects  of  unconstitutional  encroachments 
by  the  other  States,  and  because,  on  the  principles  of  equity, 
allowing  that  both  parties  had  acted  in  good  faith,  and  gone 
to  war  on  a  misunderstanding  which  admitted  of  no  other 
solution,  and  now  agree  to  a  reconciliation,  and  to  a  burial 
of  the  past,  it  would  be  unjust  to  compel  our  people  to  assist 
in  the  payment  of  the  war  debt  of  the  United  States,  and 
for  them  to  refuse  to  allow  such  of  the  revenues  as  we  might 
contribute  to  be  applied  to  the  payment  of  our  creditors.  If 
it  should  be  said  that  this  is  a  liberality  never  extended  by 
the  conqueror  to  the  conquered,  the  answer  is  that  if  the  object 
of  the  pacification  is  to  restore  the  Union  in  good  faith  and 
to  reconcile  the  people  to  each  other,  to  restore  confidence 
and  faith,  and  prosperity  and  homogeneity,  then  it  is  of  the 
first  importance  that  the  terms  of  reconciliation  should  be 
based  on  entire  equity,  and  that  no  just  ground  of  grief  or 
complaint  should  be  left  to  either  party.  And  both  parties, 
looking  not  only  to  the  present,  but  to  the  interests  of  future 
generations,  the  amount  of  money  which  would  be  involved, 


THE    SURRENDER   OF    OUR    ARMIES  207 

though  large,  would  be  as  nothing  when  compared  with  a 
reconciliation  entirely  equitable,  which  should  leave  no  sting 
to  honor,  and  no  sense  of  wrong  to  rankle  in  the  memories 
of  the  people,  and  lay  the  foundations  for  new  difficulties  and 
for  future  wars.  It  is  to  this  feature,  it  seems  to  me,  the 
greatest  attention  should  be  given  by  both  sides.  It  will  be 
of  the  highest  importance  to  all,  for  the  present  as  well  as  the 
future,  that  the  frankness,  sincerity  and  justice  of  both  parties 
shall  be  as  conspicuous  in  the  adjustment  of  past  difficulties, 
as  their  courage  and  endurance  have  been  conspicuous  during 
the  war,  if  we  would  make  peace  on  a  basis  which  should  be 
satisfactory  and  might  be  rendered  perpetual. 

In  any  event  provisions  should  be  made  which  will  authorize 
the  Confederate  authorities  to  sell  the  public  property  remain 
ing  on  hand,  and  to  apply  the  proceeds,  as  far  as  they  will 
go,  to  the  payment  of  our  public  liabilities,  or  for  such  other 
dispositions  as  may  be  found  advisable. 

But  if  the  terms  of  this  agreement  should  be  rejected,  or 
so  modified  by  the  Government  of  the  United  States,  as  to 
refuse  a  recognition  of  the  right  of  local  self-government  and 
our  political  rights  of  persons  and  property,  or  so  as  to  refuse 
amnesty  for  past  participation  in  the  war,  then  it  will  be  our 
duty  to  continue  the  struggle  as  best  we  can,  however  unequal 
it  may  be;  as  it  would  be  better  and  more  honorable  to  waste 
our  lives  and  substance  in  such  a  contest  than  to  yield  both 
to  the  mercy  of  a  remorseless  conqueror. 

I  am,  with  great  respect,  your  Excellency's  obedient  servant, 

JOHN  H.  REAGAN, 

Postmaster-General. 


CHAPTER  XVI 
THE  PRESIDENT  AND  CABINET  IN  RETREAT 

At  Charlotte,  North  Carolina,  we  received  the  melancholy 
information,  through  General  Johnston,  of  the  assassination 
of  President  Lincoln.  The  President  and  members  of  the 
Cabinet,  with  one  accord,  greatly  regretted  the  occurrence. 
We  felt  that  his  death  was  most  unfortunate  for  the  people 
of  the  Confederacy,  because  we  believed  that  it  would  inten 
sify  the  feeling  of  hostility  in  the  Northern  States  against 
us,  and  because  we  believed  we  could  expect  better  terms 
from  Lincoln  than  from  Johnson,  who  had  shown  marked 
hostility  to  us,  and  was  especially  unfriendly  to  President 
Davis. 

While  at  Charlotte,  Attorney-General  Davis  stated  to  me 
that  his  home  and  valuable  city  property  at  Wilmington, 
North  Carolina,  were  in  the  possession  of  the  Federal 
authorities,  and  that  his  children,  his  wife  being  dead,  were 
with  some  friends  near  Charlotte,  and  without  means  of  sup 
port,  and  that  this  raised  the  question  with  him  as  to  whether 
he  should  go  on  with  us  or  remain  and  take  care  of  them, 
and  that  he  wished  to  confer  with  me  about  it.  I  said  to  him 
that  I  did  not  see  what  good  he  could  do  by  going  on  with 
us,  and  I  did  not  hesitate  to  say  that  he  ought  to  remain 
and  take  care  of  his  children.  He  asked  me  to  bring  the 
matter  to  the  attention  of  the  President  and  the  Cabinet, 
which  I  did,  and  with  one  accord  they  said  he  should  remain 
with  his  children,  that  he  could  be  of  no  further  service  to 
us  as  Attorney-General. 


THE    PRESIDENT    AND    CABINET    IN    RETREAT  209 

While  we  were  at  Charlotte  the  remnants  of  Hood's  bri 
gade,  under  the  command  of  Maj.  W.  H.  Martin  of  Texas, 
came  by,  and  in  conversation  with  him  he  told  me  that  at  the 
surrender  of  General  Lee  a  number  of  blank  parole  papers 
had  fallen  into  his  hands.  At  my  request  he  gave  me  some 
of  them,  and  later  both  Senator  Wigfall  and  Secretary  Mai- 
lory  used  them  in  passing  the  Federal  lines.  Here  again  we 
witnessed  the  looting  of  the  commissary  and  quartermaster 
stores  by  the  citizens. 

Before  leaving  Richmond  Mr.  Trenholm,  the  Secretary  of 
the  Treasury,  became  seriously  ill.  He  had  been  sent  to 
Greensboro,  and  thence  to  Charlotte,  but  he  had  been 
unable  to  participate  in  the  business  of  the  Cabinet.  When 
we  left  Charlotte  he  made  an  effort  to  travel  with  us,  but 
after  some  twenty  miles  found  himself  unable  to  go  farther, 
and  resigned  his  position  as  Secretary  of  the  Treasury. 
Thereupon  a  meetingfof  the  Cabinet  was  held,  in  my  absence ; 
and  after  consultation,  the  President  sent  for  me  and 
requested  me  to  accept  the  appointment  as  Secretary  of  the 
Treasury  ad  interim.  I  objected,  alleging  that  I  thought 
some  other  person  ought  to  be  appointed,  that  my  duties  as 
Postmaster-General  and  as  manager  of  the  telegraph  would 
require  most  of  my  time.  To  this  he  rejoined  that  there 
would  not  be  much  for  the  Secretary  of  the  Treasury  to  do, 
and  that  the  members  of  the  Cabinet  concurred  with  him  in 
the  opinion  that  I  should  assume  the  role.  On  my  accepting 
the  appointment,  Secretary  Trenholm  turned  over  to  my 
charge  the  money  he  had  in  keeping,  consisting  of  seven  or 
eight  hundred  thousand  dollars  of  what  was  called  our  "new 
issue"  of  treasury  notes,  and  some  eighty  thousand  dollars 
in  gold,  and  silver  coin  and  bullion.  There  was  also  under 
our  escort  the  money  of  the  banks  of  Richmond,  the  amount 
of  which  I  did  not  know. 

On  our  way  to  Abbeville,  South  Carolina,  President  Davis 
and  I,  traveling  in  advance  of  the  others,  passed  a  cabin 
on  the  roadside,  where  a  lady  was  standing  in  the  door.  He 


210  MEMOIRS    BY    JOHN    H.    REAGAN 

turned  aside  and  requested  of  her  a  drink  of  water,  which  she 
brought.  While  he  was  drinking,  a  little  baby  hardly  old 
enough  to  walk  crawled  down  the  steps.  The  lady  asked 
whether  this  was  not  President  Davis ;  and  on  his  answering 
in  the  affirmative,  she  pointed  to  the  little  boy  and  said,  "He 
is  named  for  you."  Mr.  Davis  took  a  gold  coin  from  his 
pocket  and  asked  her  to  keep  it  for  his  namesake.  It  was  a 
foreign  piece,  and  from  its  size  I  supposed  it  to  be  worth 
three  or  four  dollars.  As  we  rode  off  he  told  me  that  that 
was  the  last  coin  he  had,  and  that  he  would  not  have  had  it 
but  for  the  fact  that  he  had  never  seen  another  like  it  and 
that  he  had  kept  it  as  a  pocket-piece. 

At  Broad  River,  South  Carolina,  we  stopped  on  its  bank 
to  enjoy  a  luncheon  we  had  brought  along  with  us,  and  to 
take  a  little  rest.  While  we  were  there  the  subject  of  the 
condition  in  which  the  war  left  us,  came  up.  The  property 
of  Secretary  Benjamin,  situated  in  Louisiana,  and  that  of 
Secretary  Breckinridge  in  Kentucky,  was  in  Federal  hands. 
The  fine  residence  of  Secretary  Mallory  at  Pensacola,  Flor 
ida,  had  been  burned  by  the  enemy.  My  residence  in  Texas 
had  been  wrecked  and  partly  burned,  and  my  property  dis 
sipated  except  a  farm  of  a  few  hundred  acres  and  some 
uncultivated  land.  After  we  had  joked  each  other  about  our 
fallen  fortunes  the  President  took  out  his  pocket-book  and 
showed  a  few  Confederate  bills,  stating  that  that  constituted 
his  wealth.  He  added  that  it  was  a  gratification  to  him  that 
no  member  of  his  Cabinet  had  made  money  out  of  his 
position.  We  were  all  financially  wrecked  except  Secretary 
Trenholm,  whose  wealth,  we  thought,  might  save  him.  But 
it  afterward  turned  out  that  he  too  was  bankrupt. 

As  I  am  here  writing  of  the  pecuniary  condition  of  the 
President  and  his  Cabinet,  I  ought  to  mention  that  when 
General  Grant  was  moving  his  forces  to  turn  Vicksburg  by 
going  down  the  west  side  and  crossing  to  the  east  bank  of 
the  Mississippi  River,  I  was  with  the  President  when  an 
officer  came  to  him  with  the  message  that  in  a  few  days  his 


THE    PRESIDENT    AND    CABINET    IN    RETREAT  211 

Briar  Field  plantation  would  be  in  the  hands  of  the  Federals, 
and  that  he  had  better  send  and  have  his  negroes  and  other 
movable  property  taken  to  a  place  of  safety.  Mr.  Davis' s 
reply  was,  "The  President  of  the  Confederacy  cannot  employ 
men  to  take  care  of  his  private  property."  And  again  when 
Grant's  army  had  crossed  the  river  and  was  moving  toward 
the  city  of  Jackson  I  was  present  when  Mr.  Davis  was  urged 
to  have  his  library  and  other  private  property  removed  from 
his  hill  residence  before  they  fell  into  the  hands  of  the  Fed 
erals.  His  answer  was  as  in  the  first  instance.  Thus  in  his 
unselfish  and  patriotic  devotion  to  the  cause  so  dear  to  his 
heart  he  permitted  his  entire  property  to  be  swept  away. 

When  we  reached  Abbeville  we  were  there  joined  by  the 
remnants  of  five  brigades  of  cavalry.  The  President  had  a 
conference  with  their  commanders,  and  sought  to  learn  of 
their  condition  and  spirit.  And  here  again  we  witnessed  the 
raids  made  on  the  provisions  by  the  citizens.  I  was  forced 
to  the  thought  that  the  line  between  barbarism  and  civiliza 
tion  is  at  times  very  narrow. 

We  crossed  the  Savannah  River,  very  early  in  the  morn 
ing,  en  route  for  Washington,  Georgia,  and  were  informed 
that  Federal  cavalry  was  at  that  place.  After  crossing 
the  river  we  stopped  at  a  farmhouse  and  got  breakfast  and 
had  our  horses  fed.  There  Secretary  Benjamin,  who  could 
not  comfortably  ride  horseback,  parted  from  us.  With  a 
traveling  companion  he  set  out  in  a  wheeled  carriage.  He 
told  me  that  only  the  President  and  his  Cabinet  knew  his 
purpose,  and  that  he  did  not  want  it  made  public.  I  inquired 
of  him  where  he  was  going.  "To  the  farthest  place  from  the 
United  States,"  he  announced  with  emphasis,  "if  it  takes  me 
to  the  middle  of  China."  He  had  his  trunk  in  the  carriage 
with  his  initials,  J.  P.  B.,  plainly  marked  on  it.  I  inquired 
whether  that  might  not  betray  him.  "No,"  he  replied,  "there 
is  a  Frenchman  traveling  in  the  Southern  States  who  has  the 
same  initials,  and  I  can  speak  broken  English  like  a  French 
man."  He  made  his  way  to  London,  England. 


212  MEMOIRS    BY   JOHN    H.    REAGAN 

We  found  no  Federal  cavalry  at  Washington,  where  we 
remained  a  few  days.  Before  reaching  that  place,  General 
Breckinridge  and  myself,  recognizing  the  importance  of  pre 
venting  the  capture  of  the  President,  proposed  to  him  that 
he  put  on  soldier's  clothes,  a  wool  hat  and  brogan  shoes,  and 
take  one  man  with  him  and  go  to  the  coast  of  Florida,  ship 
to  Cuba,  and  thence  by  an  English  vessel  to  the  mouth  of  the 
Rio  Grande.  We  proposed  to  take  what  troops  we  still  had, 
to  go  west,  crossing  the  Chattahoochee  between  Chattanooga 
and  Atlanta,  and  the  Mississippi  River,  and  to  meet  him  in 
Texas.  His  reply  to  our  suggestion  was,  "I  shall  not  leave 
Confederate  soil  while  a  Confederate  regiment  is  on  it." 

I  might  have  known  his  attitude  in  such  a  matter,  for  we 
had  discussed  the  subject  of  the  Hungarian  struggle  for  lib 
erty  and  of  General  Kossuth's  visit  to  the  United  States,  and 
the  resolutions  by  Congress  complimentary  to  him.  The 
President  had  said  to  me,  "You  may  remember  that  I  voted 
against  them."  I  replied  that  Judge  Scurry,  the  Representa 
tive  of  the  district  in  which  I  lived,  had  also  voted  against 
them,  and  that  I  had  written  him  a  letter  complimenting  him 
on  his  vote.  Mr.  Davis  added,  "I  voted  against  those  reso 
lutions  because  I  did  not  believe  a  brave  man  or  patriot  would 
have  abandoned  his  country  with  an  army  of  30,000  men 
in  the  field." 

I  ought  to  say  here  that  it  was  now  our  hope  to  reach 
General  Kirby  Smith  before  his  command  was  surrendered, 
and  that  with  his  troops  and  such  others  as  we  could  take 
with  us  and  those  General  Hampton  hoped  to  get  across 
the  Mississippi,  we  might  have  about  60,000  men,  and  could 
move  out  on  the  plains  where  we  could  not  be  flanked  by 
railroads  or  rivers,  and  hold  out  until  we  could  get  better 
terms  than  unconditional  surrender. 

After  some  delay  at  Washington,  we  induced  Mr.  Davis 
to  start  on  south  with  an  escort  of  ten  men,  his  staff  officers 
and  secretary,  and  to  leave  General  Breckinridge  to  wind  up 
the  business  of  the  War  Department,  and  me  to  close  the 


THE    PRESIDENT    AND    CABINET    IN    RETREAT  213 

business  of  the  Post  Office  Department  and  the  Treasury, 
and  to  turn  over  to  their  agent  the  money  of  the  Richmond 
banks.  We  were  then  to  go  on  and  overtake  him.  He  left 
Washington  in  the  morning.  By  midnight  we  had  finished 
our  business  and  I  had  delivered  the  money  of  the  banks  to 
their  agent.  A  little  later  General  Breckinridge  came  to  me 
and  told  me  he  did  not  wish  to  be  considered  as  vacillating, 
but  that  he  had  determined  to  adopt  the  course  we  suggested 
to  the  President — to  take  the  troops  and  get  across  the  Mis 
sissippi.  "General,  you  cannot  do  that  now,"  I  said.  "Since 
we  submitted  that  plan  I  have  gone  among  the  soldiers  at 
night  in  citizen's  clothes  and  heard  their  talk.  They  are  say 
ing  the  war  is  over  and  that  they  are  going  home."  I  added, 
"I  think  you  will  find  that  you  can  take  only  such  men  as  are 
personally  attached  to  you."  He  thought  he  could  get  them 
all  to  go  with  him.  It  was  then  agreed  that  I  should  leave 
that  night  and  overtake  the  President  as  soon  as  possible; 
and  General  Breckinridge  insisted  that  I  should  have  an 
escort.  I  demurred,  but  he  prevailed,  sending  me  an  escort 
of  twelve  men. 

The  escort  was  instructed  to  go  with  me  until  we  overtook 
the  President,  and  then  to  turn  their  course  to  the  northwest 
and  meet  the  command  which  would  be  with  Breckinridge. 
We  rode  ahead  a  few  hours  until  we  reached  a  small  creek, 
and  while  our  horses  were  drinking  I  told  the  men  that  we 
should  have  to  ride  hard  to  come  up  with  the  President; 
that  by  that  time  their  horses  would  be  tired ;  that  in  turning 
to  the  northwest  they  might  fail  to  meet  the  Secretary  of 
War,  thereby  endangering  their  safety,  and  that  I  was  safer 
without  an  escort  than  with  one  not  strong  enough  to  fight 
its  way.  So  I  advised  them  to  return  to  Washington.  They 
objected,  saying  that  their  orders  were  to  go  with  me  until 
we  should  meet  the  President.  I  replied  that  I  understood 
their  orders,  but  that  it  was  better  for  them  and  safer  for  me 
that  they  should  return.  They  finally  agreed,  requesting, 
however,  a  written  statement ;  but  neither  paper,  pencil,  nor 


214  MEMOIRS    BY    JOHN    H.    REAGAN 

pen  was  to  be  had.  So  I  told  them  to  take  my  compliments 
to  the  Secretary  of  War  and  tell  him  that  I  required  them 
to  return. 

When  we  left  Abbeville,  the  President  and  his  Cabinet  and 
the  members  of  his  staff  went  in  advance  of  the  cavalry.  The 
money  of  the  Confederacy  and  of  the  banks  of  Richmond 
was  carried  under  their  escort,  the  Secretary  of  War  remain 
ing  with  them.  After  they  crossed  the  Savannah  River  and 
camped,  before  reaching-  Washington,  the  cavalry,  knowing 
that  they  were  guarding  money,  demanded  a  portion  of  it. 
There  was  understood  to  be  about  $25,000  in  silver,  about 
$36,000  in  silver  bullion,  besides  about  $700,000  in  Confed 
erate  notes  and  a  small  amount  of  gold.  The  Secretary  of 
War  told  me  that  after  he  reached  Washington  the  cavalry 
demanded  that  the  silver  and  gold  coin,  equal  to  the  amount 
of  the  silver  bullion,  should  be  divided  among  them,  and 
that  he  and  the  officers  commanding  them  found  it  necessary 
to  yield  or  to  risk  their  forcibly  seizing  it.  He  also  told  me, 
and  I  learned  this  from  others  also,  that  this  money  was 
divided  among  them,  each  one  getting  a  few  dollars,  I  forget 
how  many,  the  officers  receiving  the  same  amount  as  the  men. 

On  the  evening  of  the  day  we  reached  Washington,  I 
called  on  General  Toombs  and  his  family.  After  some  con 
versation  he  invited  me  into  a  separate  room,  and  inquired 
whether  I  had  money.  I  told  him  I  had  enough  to  take  me 
to  the  west  of  the  Mississippi.  He  inquired  whether  I  was 
well  mounted.  I  replied  that  I  had  one  of  the  best  saddle 
horses  in  the  country.  He  added :  "I  am  at  home  and  can 
command  what  I  want,  and  if  you  need  anything,  I  can  sup 
ply  you,"  for  which  I  thanked  him.  He  then  asked  if 
President  Davis  had  money.  My  answer  was  that  he  had 
not,  but  that  I  had  enough  to  take  us  both  beyond  the  Missis 
sippi.  Then  he  wanted  to  know  whether  Mr.  Davis  was  well 
mounted.  I  replied  that  he  had  his  fine  bay  horse,  Kentucky, 
and  that  General  Lee  had  sent  to  him  at  Greensboro,  by 
his  son  Robert,  his  gray  war  horse,  Traveler,  as  a  present,  so 
that  he  had  two  first-class  horses. 


THE    PRESIDENT   AND    CABINET    IN    RETREAT  215 

After  a  moment,  General  Toombs  observed,  "Mr..  Davis 
and  I  have  had  a  quarrel,  but  we  have  none  now ;  and  under 
the  terms  agreed  to  between  Johnston  and  Sherman  he  is 
entitled  to  go  anywhere  he  pleases  between  here  and  the 
Chattahoochee  River,  and  I  want  you  to  say  to  him  that  my 
men  are  around  me  here,  and  that  if  he  desires  it  I  will  call 
them  together  and  see  him  safely  across  the  Chattahoochee 
River  at  the  risk  of  my  life."  I  was  much  impressed  with 
so  noble  a  sentiment,  because  it  was  so  different  from  the 
conduct  of  some  others  who  had  pretended  to  be  the  Presi 
dent's  close  friends,  and  who  were  then  getting  away  as  far 
as  they  could  from  him,  and  were  base  enough  to  malign 
him,  no  doubt  with  the  hope  that  such  abuse  would  secure 
them  the  favor  of  our  enemy. 

On  my  return  to  the  hotel  I  delivered  General  Toombs's 
message  to  the  President.  Mr.  Davis  responded  warmly, 
"That  is  like  Toombs ;  he  always  was  a  whole-souled  man — 
if  it  were  necessary,  I  should  not  hesitate  to  accept  his  offer." 
This  was  the  interchange  of  feeling  of  two  noble  patriots  in 
the  hour  of  misfortune. 

Perhaps  in  this  connection  I  ought  to  explain  General 
Toombs's  reference  to  a  quarrel  between  them.  He  had  been 
appointed  Secretary  of  State  by  Mr.  Davis.  He  preferred, 
however,  giving  up  that  position  and  entering  the  military 
service;  and  was  appointed  a  brigadier-general  by  the 
President.  He  afterward  sought  promotion  to  the  rank  of 
major-general.  I  had  gone  twice  to  Mr.  Davis  to  urge  his 
promotion;  but  the  President,  while  speaking  kindly  of 
General  Toombs,  said  he  had  in  no  case  made  a  promotion 
against  the  objection  of  superior  officers ;  adding  that  both 
General  Lee  and  General  Magruder  objected  to  his 
advancement. 

When  General  Toombs  spoke  of  the  quarrel  I  felt  a 
strong  desire  to  disclose  to  him  why  he  had  not  been  pro 
moted,  but  hesitated  to  do  so  because  this  would  have  been 
to  transfer  the  quarrel  from  Mr.  Davis  to  Generals  Lee  and 


216  MEMOIRS    BY    JOHN    H.    REAGAN 

Magruder.  I  saw  General  Toombs  twice  afterward,  and 
both  times  I  felt  a  wish  to  disabuse  his  mind  as  to  the  Presi 
dent,  and  now  regret  that  I  did  not  do  so. 

Before  the  President  left  Washington,  upon  consultation 
with  the  Cabinet,  it  was  determined  that  I  should  turn  over 
the  remaining  part  of  the  Confederate  gold  to  a  Mr.  Semple, 
a  bonded  officer  of  the  Navy,  and  his  assistant,  Mr.  Titball, 
who  were  to  conceal  it  under  the  false  bottom  of  a  carriage 
and  to  take  it  to  Charleston,  Savannah,  or  to  some  other 
point  on  the  coast,  and  ship  it  to  Bermuda,  Nassau,  or  to 
our  agent  in  England,  for  account  of  the  Confederate 
Government.  Before  this  shipment  was  made,  by  an  under 
standing  between  the  President  and  Cabinet,  I  directed  the 
Treasurer  to  pay  out  a  portion  of  the  money  to  a  number 
of  officers,  and  possibly  to  others,  which  was  done.* 

The  President,  as  I  learned  after  coming  up  with  him 
again,  expected  me  to  bring  along  the  Confederate  paper 
money.  But  as  it  was  packed  in  large  boxes,  and  I  had  no 
means  of  securing  its  transportation,  I  was  unwilling  that 
it  should  fall  into  improper  hands,  and,  after  conferring 
with  and  securing  the  approval  of  the  Secretary  of  War,  I 
ordered  this  money  brought  to  my  hotel,  and,  having  caused 
a  good  wood  fire  to  be  made  in  a  wide  fire-place,  directed 
the  Acting  Treasurer  to  burn  it,  which  he  did  under  protest. 
The  last  I  saw  of  the  silver  bullion,  said  to  amount  to  about 
$36,000,  a  Confederate  commissary  by  the  name  of  Moses 
was  having  it  thrown  from  a  wagon  into  an  open  warehouse 
on  the  square  in  Washington.  From  the  newspaper  accounts 
which  I  saw  while  in  prison,  it  appeared  that  the  Federal 
authorities  got  possession  of  it. 

On  my  way  to  overtake  the  President  and  his  party  T 
passed  Double  Wells,  Georgia,  in  the  gray  light  of  the  morn 
ing.  I  had  been  told  that  a  regiment  of  Federal  cavalry  was 
there,  but  saw  none.  After  going  some  distance  farther  I 


*An  account  of  this   is  shown  on  pages  320,  321   of  a  publication 
entitled  The  Confederate  Soldier  in  the  Civil  War. 


THE    PRESIDENT    AND    CABINET    IN    RETREAT  217 

made  inquiry  at  several  houses  as  to  whether  I  could  get 
breakfast  and  feed  for  my  horse;  but  was  told  that  they 
were  unable  to  comply  with  my  request.  Toward  ten 
o'clock  I  learned  that  there  was  a  widow  on  ahead  who 
would  give  me  breakfast  and  have  my  horse  fed.  When  I 
reached  the  place  she  kindly  consented  to  supply  my  need. 
While  breakfast  was  being  prepared,  she  manifested  a  dis 
position  to  learn  who  I  was,  and  at  the  table  asked  me  where 
I  was  from.  I  told  her  that  I  was  from  Virginia,  and  that 
I  had  heard  there  was  a  good  country  for  grazing  stock  in 
southwest  Georgia  and  I  thought  I  would  take  a  look  at  it. 
I  at  once  discovered  that  she  was  a  strong  Confederate. 
She  advised  me  that  there  was  a  regiment  of  Federal  cavalry 
at  a  town  some  ten  miles  farther  on,  and  assisted  me  in 
making  a  diagram  of  the  road  so  that  I  might  pass  around 
it.  I  did  not  follow  the  diagram,  but  rode  on  through  the 
town  and  saw  no  cavalry.  During  the  afternoon  of  that 
day  I  found  Governor  Lubbock  and  Col.  William  Preston 
Johnston  at  a  shop  getting  their  horses  shod.  They  informed 
me  that  the  President  and  his  party  were  about  half  a  mile 
away,  on  another  road. 

From  that  place  we  moved  on  south  to  the  Oconee  River, 
and  encamped  on  the  east  bank.  During  the  evening,  Colonel 
Johnston  and  another  man,  having  walked  down  to  the  ferry, 
heard  some  men  describing  a  wagon  train  which  was  moving 
across  the  country,  some  twenty  miles  to  the  left  of  our 
course,  which  they  spoke  of  as  a  quartermaster's  or  com 
missary  train,  and  which  they  understood  was  to  be  robbed 
that  night  by  some  disbanded  soldiers.  From  the  descrip 
tion,  Colonel  Johnston  knew  it  to  be  that  of  Mrs.  Davis,  the 
wife  of  the  President.  Mr.  Davis  had  not  seen  her  since 
she  left  Richmond,  and  had  not  known  where  she  was  for 
some  time.  When  he  received  this  information  he  ordered 
and  mounted  his  horse,  addressing  himself  to  those  with 
him,  "This  move  will  probably  cause  me  to  be  captured  or 
killed.  I  do  not  feel  that  you  are  bound  to  go  with  me,  but 
I  must  protect  my  family." 


218  MEMOIRS   BY   JOHN    H.    REAGAN 

The  entire  company  went  along.  The  roads  we  had  to 
travel  for  the  most  part  were  dim  and  tortuous,  and  it  was 
near  morning  when  we  reached  Mrs.  Davis's  camp.  A 
Confederate  captain  from  Vicksburg,  Mississippi,  and  a 
Confederate  lieutenant  from  Texas  were  acting  as  an  escort 
for  her  and  family.  We  met  two  or  three  men  in  the  road 
near  the  camp,  who  were  interrogated  by  the  President; 
from  others  at  the  camp  we  learned  that  some  persons  had 
been  seen  around  the  camp  during  the  night;  but  nothing 
alarming  had  been  attempted. 

That  day  we  crossed  the  Oconee  River,  and  after  a.  short 
drive  camped  for  the  night.  Feeling  that  the  danger  to  his 
family  had  passed,  the  next  morning  Mr.  Davis  and  I,  and 
the  members  of  his  staff  and  his  secretary,  left  Mrs.  Davis 
and  did  not  expect  to  see  her  again  soon.  But  it  rained  a 
good  deal  during  the  day,  and  we  lost  our  way,  and  an  hour 
or  so  before  night  we  met  Mrs.  Davis's  company  at  a  fork 
of  the  road,  near  the  Ocmulgee  River.  She  had  gone 
directly  through,  while  we  had  lost  our  way;  hence  the 
meeting. 

We  knew  that  there  were  three  thousand  Federal  cavalry 
at  Hawkinsville,  twenty-five  miles  above  where  we  were  to 
cross  the  Ocmulgee,  and  as  we  had  to  cross  at  a  ferry — the 
river  not  being  fordable — we  expected  that  if  this  cavalry 
knew  of  our  movements  we  should  have  trouble  at  the  river. 
We  crossed,  however,  without  interruption,  and  camped  at 
an  old  village  called  Abbeville.  The  next  day  we  traveled 
in  company  with  Mrs.  Davis  about  twenty-eight  miles,  and 
camped  near  a  small  creek  in  the  level  pine  woods,  a  mile 
or  two  from  Irwinsville.  The  President  notified  us  to  be 
ready  to  move  on  that  night,  the  family  to  be  left  behind. 
Information  in  some  way  subsequently  got  to  us  that  some 
traitor  had  gone  from  Abbeville  and  reported  our  being 
there  to  the  military  at  Hawkinsville.  The  day  we  reached 
our  camp  near  Irwinsville,  Colonel  Pritchard,  with  a  regi- 


THE   PRESIDENT   AND    CABINET   IN    RETREAT  219 

ment  of  cavalry,  passed  along  a  road  which  paralleled  the 
one  we  were  on,  to  the  left  of  us,  and  got  into  Irwinsville 
in  advance  of  us. 

For  some  reason  the  President  did  not  call  for  us  that 
night,  though  we  sat  up  until  pretty  late.  Under  cover  ofr 
the  darkness,  Colonel  Pritchard  moved  to  where  we  were, 
and  posted  one  battalion  in  front  of  us,  and  another  across 
the  creek  in  our  rear.  About  dawn,  an  Iowa  battalion,  in 
pursuit  of  us,  came  in  sight  of  the  Federals  in  our  rear,  and 
each  took  the  other,  in  the  dimness  of  the  morning,  for  Con 
federates.  Both  battalions  were  armed  with  repeating  rifles, 
and  a  rapid  fusillade  occurred  between  them.  One  or  two 
were  killed  and  a  few  wounded.  When  this  firing  occurred 
the  troops  in  our  front  galloped  upon  us.  The  major  of  the 
regiment  reached  the  place  where  I  and  the  members  of  the 
President's  staff  were  camped,  about  one  hundred  yards 
from  where  the  President  and  his  family  had  their  tents. 
When  he  approached  me  I  was  watching  a  struggle  between 
two  Federal  soldiers  and  Governor  Lubbock.  They  were 
trying  to  get  his  horse  and  saddle  bags  away  from  him  and 
he  was  holding  on  to  them  and  refusing  to  give  them  up; 
they  threatened  to  shoot  him  if  he  did  not,  and  he  replied 
(he  was  not  as  good  a  Presbyterian  then  as  he  is  now)  that 
they  might  shoot  and  be  damned,  but  that  they  should  not 
rob  him  while  he  was  alive  and  looking  on. 

I  had  my  revolver  cocked  and  in  my  hand,  waiting  to  see 
if  the  shooting  was  to  begin.  Just  at  this  juncture  the  major 
rode  up,  the  men  contending  with  Lubbock  disappeared,  and 
the  major  asked  if  I  had  any  arms.  I  drew  my  revolver 
from  under  the  skirt  of  my  coat  and  said  to  him,  "I  have 
this."  He  observed  that  he  supposed  I  had  better  give  it 
to  him.  I  knew  that  they  were  too  many  for  us  and  sur 
rendered  my  pistol.  I  asked  him  then  if  he  had  not  better 
stop  the  firing  across  the  creek.  He  inquired  whether  it  was 
not  our  men.  I  told  him  that  it  could  not  be ;  that  I  did  not 
know  of  an  armed  Confederate  within  a  hundred  miles  of  us 


220  MEMOIRS    BY    JOHN    H.    REAGAN 

except  our  little  escort  of  half  a  dozen  men,  and  that  they 
were  not  then  with  us.  We  learned  afterward  that  they, 
or  the  most  of  them,  had  been  captured  at  Irwinsville.  The 
major  rode  across  the  creek  and  put  an  end  to  the  skirmish. 

When  the  firing  began,  President  Davis  afterward  told 
me,  he  supposed  it  to  be  the  work  of  the  men  who  were  to 
rob  Mrs.  Davis's  train.  So  he  remarked  to  his  wife,  "Those 
men  have  attacked  us  at  last ;  I  will  go  out  and  see  if  I  cannot 
stop  the  firing;  surely  I  will  have  some  authority  with  the 
Confederates."  Upon  going  to  the  tent  door,  however,  he 
saw  the  blue-coats,  and  turned  to  his  wife  with  the  words, 
"The  Federal  cavalry  are  upon  us." 

He  was  made  a  prisoner  of  war.  As  one  of  the  means  of 
making  the  Confederate  cause  odious,  the  foolish  and  wicked 
charge  was  made  that  he  was  captured  in  woman's  clothes ; 
and  his  portrait,  showing  him  in  petticoats,  was  afterward 
placarded  generally  in  show  cases  and  public  places  in  the 
North.  He  was  also  pictured  as  having  bags  of  gold  on  him 
when  captured.  This  charge  of  his  being  arrested  in 
woman's  clothes  is  disproven  by  the  circumstances  attending 
his  capture.  The  suddenness  of  the  unexpected  attack  of  the 
enemy  allowed  no  time  for  a  change  of  clothes.  I  saw  him 
a  few  minutes  after  his  surrender,  wearing  his  accustomed 
suit  of  Confederate  gray,  with  his  boots  and  hat  on,  and  I 
have  elsewhere  shown  that  he  had  no  money. 

After  our  capture  we  were  taken  by  the  way  of  Macon. 
Atlanta,  and  Augusta  to  Savannah.  On  the  morning  of  the 
day  we  arrived  at  Macon,  while  I  and  the  President's  staff 
were  taking  an  humble  breakfast,  sitting  on  the  ground, 
Colonel  Pritchard  came  by  where  we  were,  and  I  said  to  him 
that  I  understood  we  were  to  reach  Macon  that  morning-, 
that  I  had  not  changed  my  clothing  for  some  time,  and 
requested  some  clothes  which  I  had  in  my  saddle  bags,  taken 
from  me  when  we  were  captured. 

"We  have  not  got  your  saddle  bags,"  he  answered  me. 

"I  am  sorry  to  hear  you  say  that,  Colonel,"  I  retorted; 
"for  I  know  you  have  them." 


THE    PRESIDENT    AND    CABINET    IN    RETREAT  221 

He  asked  me  how  I  knew  that. 

"Because  your  officers  told  me  of  your  examining  their 
contents  the  night  after  our  capture,"  I  answered;  "and 
named  correctly  what  was  in  them." 

With  some  temper  he  questioned,  "Who  told  you  so?" 

"Your  officers." 

"What  officers?" 

"Since  you  question  the  fact,"  I  said,  "I  will  not  put  them 
in  your  power  by  giving  their  names."  Then  I  added,  "It 
does  not  look  well  for  a  colonel  of  cavalry  in  the  United 
States  Army  to  steal  clothes." 

"Sir,"  he  said,  "I  will  put  you  in  irons." 

"You  have  the  power  to  do  so,"  I  replied,  "but  it  will  not 
make  you  a  gentleman  or  a  man  of  truth." 

He  walked  off  as  if  intending  to  execute  his  threat,  but  I 
heard  no  more  of  it. 

When  we  reached  Macon,  we  were  taken  to  the  head 
quarters  of  General  Wilson,  which  was  a  large  building  that 
had  been  used  as  a  hotel.  General  Wilson  invited  President 
Davis,  his  staff,  and  myself  to  dine  with  him,  treating  us 
with  courtesy.  After  dinner  I  learned  that  orders  had  been 
received  to  send  to  Washington  President  Davis  and  Senator 
Clay,  who  had  voluntarily  surrendered  after  President 
Johnson's  proclamation  implicating  him  in  the  assassination 
of  President  Lincoln ;  and  that  I  and  the  others  with  us  were 
to  remain  at  Macon.  I  called  on  General  Wilson  and 
inquired  as  to  the  correctness  of  this  report,  and  received  an 
affirmative  answer.  I  thereupon  observed  that  President 
Davis  was  much  worn  down,  and  that,  as  I  was  the  only 
member  of  his  political  family  with  him,  I  might  be  of  some 
service  to  him,  and  requested  to  have  the  order  so  changed 
as  to  send  me  on  with  him.  He  asked  me  if  I  was  aware 
that  this  might  involve  me  in  danger.  I  told  him  I  had 
considered  that;  that  we  had  entered  the  contest  together, 
and  that  I  was  willing  to  end  it  with  him,  whatever  that  end 
might  be.  He  observed  that  mine  was  a  queer  request,  but 


222  MEMOIRS    BY   JOHN    H.    REAGAN 

that  he  would  ask  that  it  be  granted.  In  two  or  three  hours 
he  notified  us  that  the  first  order  had  been  changed,  and  that 
all  of  us  would  be  sent  to  Hampton  Roads.  At  Augusta  we 
were  joined  by  Vice-President  Stephens  and  General 
Wheeler,  who  had  also  been  arrested.  At  Savannah  we  were 
all  placed  on  a  sternwheel  steamer  for  the  trip  to  Hampton 
Roads. 

Shortly  after  reaching  there,  Vice-President  Stephens  and 
I  received  notice  that  we  were  to  go  to  Fort  Warren,  i'l 
Boston  harbor.  We  were  placed  on  the  man-of-war 
Tuscarora,  the  commander  of  which  treated  us  as  if  we  had 
been  invited  guests.  Our  ship  reached  Fort  Warren  early 
one  forenoon,  and  we  were  taken  separately  into  the  fort 
and  placed  in  what  was  called  the  lower  tier  of  officers' 
quarters,  though  no  officers  had  occupied  the  rooms  assigned 
to  us.  The  overhead  ceiling  of  my  room  was  about  on  a 
level  with  the  parade  grounds ;  and  the  light  and  air  we  got 
came  down  between  the  wall  of  the  building  and  the  wall 
of  the  parade  ground,  about  six  feet  from  the  house.  Two 
windows  made  secure  by  cross-bars  of  iron  faced  the  space 
between  these  walls.  There  was  no  ventilation  except 
through  these.  The  walls  and  floor  of  these  rooms  were  of 
stone,  and  there  was  a  thick  mass  of  stone  masonry,  cement, 
and  earth  above  them;  so  that  the  places  we  occupied  were 
damp  and  more  like  caves  than  rooms. 

I  was  taken  to  my  room  about  ten  o'clock  in  the  morning 
by  an  officer  of  the  fort,  and  was  told  that  I  must  give  him 
what  weapons  of  offense  or  defense,  and  what  money  I  had. 
I  turned  over  to  him  about  two  thousand  dollars  in  gold, 
remarking  that  as  I  had  only  a  pocket  knife  and  was  a  great 
whittler  that  I  presumed  I  might  be  allowed  to  keep  my 
knife  for  company.  He  said  he  feared  not.  I  added  that  i 
had  taken  a  pretty  good  survey  of  the  situation  as  I  came  in, 
and  saw  that  I  passed  through  two  heavy  barred  and  bolted 
gates,  that  there  appeared  to  be  a  strong  garrison  in  the  fort, 
that  the  fort  was  about  four  miles  from  land,  and  that  I  did 


THE    PRESIDENT    AND    CABINET    IN    RETREAT  223 

not  think  I  would  attack  the  garrison  with  my  little  congress 
knife.  This  brought  him  to  a  laugh,  and  I  was  allowed  to 
keep  it.  Subsequently  this  officer  brought  a  sergeant  into  my 
room  and  gave  him  his  instructions,  no  doubt  for  my  observ 
ance,  that  he  was  to  make  fires,  bring  water,  and  attend 
to  such  matters  as  were  necessary  about  my  room,  but  that 
he  was  not  to  ask  or  answer  questions  about  anything  else; 
at  the  same  time  he  informed  me  that  my  rations  would  be 
so  many  ounces  of  bread  and  so  many  ounces  of  meat  a  day. 
I  inquired  why  he  made  that  statement.  He  said  he  was 
instructed  to  do  so  by  the  commander  of  the  post.  I  asked 
him  if  this  meant  that  I  was  to  have  no  vegetables,  or  milk 
or  coffee ;  and  he  replied  that  he  supposed  it  did. 

About  two  or  three  o'clock  this  sergeant  came  into  my 
room  with  a  tin  plate  and  a  piece  of  dark-looking  bread  and 
a  darker  looking  piece  of  meat,  and,  placing  them  on  a  little 
pine  table,  said,  "Here  is  your  day's  rations."  I  was  reading 
a  newspaper  and  made  no  response,  for  I  had  made  up  my 
mind  that  nothing  should  cause  me  to  complain.  I  let  it  set 
there.  And  about  the  same  time  the  next  day  the  sergeant 
brought  and  set  on  the  little  table  another  plate  just  like  the 
first.  I  took  no  notice  of  it  and  let  it  set  there  also.  I  did 
not  intend  to  starve  myself  to  death,  but  I  intended  to  see 
how  long  I  could  live  without  eating;  for  I  felt  that  the 
purpose  of  it  was  to  insult  me.  On  the  next  morning  the 
officer  inquired  whether  I  was  sick.  I  told  him  I  was  well, 
and  said,  "You  have  my  money,  can  I  not  buy  something  fit 
to  eat?"  He  replied  that  he  supposed  not;  but  added  that  he 
would  see  the  post  commander.  He  returned  in  an  hour  or 
so  with  the  message  that  I  could  order  my  meals  by  the 
sergeant  from  the  post  quartermaster,  who  furnished  meals 
to  the  officers,  and  that  every  Saturday  I  could  draw  on  the 
commissary  of  prisoners,  who  had  my  money,  to  pay  for 
my  week's  board.  He  told  me  I  could  order  any  neces 
saries,  but  no  luxuries.  I  asked  him  to  explain  what  were 


224  MEMOIRS   BY   JOHN    H.    REAGAN 

necessaries  so  that  I  might  conform  to  the  order.  After 
proceeding  a  little,  I  told  him  he  might  stop,  as  I  did  not 
want  luxuries. 

On  account  of  the  feeble  condition  of  Vice-President 
Stephens,  I  inquired  of  the  officer  whether  he  was  in  a  room 
like  mine,  for  I  feared  if  he  were  he  could  not  live  long. 
The  officer  shook  his  head,  remarking  that  he  was  not  per 
mitted  to  answer  questions.  Vice-President  Stephens  and 
I  were  allowed  to  walk  out  on  the  walls  of  the  fort  accompa 
nied  by  an  officer,  for  half  an  hour  each  day,  when  the 
weather  was  good,  but  never  together,  and  we  were  not 
permitted  to  communicate  with  others.  In  taking  my  walk 
I  passed  by  the  window  of  Mr.  Stephens's  room,  and  from 
hearing  me  talk  with  the  officer  he  learned  about  the  time 
of  day  I  went  out,  and  placing  himself  at  the  window  of  his 
room,  he  hailed  me  as  I  went  by.  I  made  inquiry  as  to  his 
health,  and  after  a  few  words  passed  on.  A  First  Lieutenant 
Woodman  was  my  escort.  He  seemed  to  be  looking  some 
where  else  and  took  no  notice  of  our  greeting.  Every  day 
after  that,  Mr.  Stephens  would  draw  himself  up  to  the 
window  to  let  me  know  that  he  was  still  alive.  He  was 
so  frail  that  he  was  soon  afterward  removed  to  a  dry,  well- 
ventilated  room.  He  could  not  have  lived  much  longer 
where  he  was.  Lieutenant  Woodman  took  no  notice  of  our 
hasty  talks  as  I  passed  him,  and  in  other  ways  showed  that 
he  was  a  very  humane  man. 

At  the  end  of  three  months  President  Johnson  sent  a 
telegram  authorizing  Mr.  Stephens  and  me  to  have  our  meals 
together,  and  giving  us  the  liberty  of  the  post  between 
reveille  and  retreat,  when  there  were  no  visitors  on  the 
island. 


CHAPTER  XVII 
LOOKING  TO  THE  FUTURE 

On  the  28th  of  May,  while  in  solitary  confinement  at 
Fort  Warren,  Boston  Harbor,  with  no  opportunity  of  con 
sulting  any  one,  and  without  being  able  to  refer  to  books  or 
papers,  as  there  was  only  a  Bible  in  my  cell,  I  addressed  a 
long  letter  to  President  Andrew  Johnson  on  a  subject  of 
great  public  importance.  The  war  was  ended,  so  far  as  armed 
resistance  by  the  Confederacy  was  concerned ;  the  worn  and 
wounded  soldiers  of  the  gray  had  returned  to  their  homes, 
having  accepted  the  final  decision  of  arms,  and  were  making 
the  best  of  the  hard  conditions  which  met  them  on  every 
hand.  There  were,  however,  a  few  hundred  civil  and 
military  officers  locked  in  the  prisons  of  the  North  and 
threatened  with  prosecutions  for  high  crimes  against  the 
Government  of  the  United  States.  It  was  not  because  of  the 
fact  that  I  was  one  of  those  so  imprisoned  and  threatened 
with  punishment  that  I  wrote,  but  because  I  was  eager  to  see 
the  war  end  at  this  point,  foreseeing  the  lamentable  possi 
bilities  behind  the  demand  which  was  being  made  in  the 
North  for  victims,  for  confiscation  of  the  properties  of  those 
of  the  South  engaged  in  the  war,  and  for  the  disfranchise- 
ment  of  the  whites  with  a  counter  elevation  of  the  slaves  to 
all  the  dignities  of  citizenship.  I  greatly  feared  military 
government  and  felt  that  if  the  President  could  be  brought 
to  realize  the  situation  it  was  in  his  power  to  save  us  from 
these  evils  which  seemed  to  me  dismally  foreboding. 

I  traced  briefly  the  historical  development  of  the  vital 
issues  which  were  at  the  bottom  of  the  struggle,  proving,  in 
my  own  mind,  that  those  of  the  South  engaged  in  the  war 


226  MEMOIRS    BY    JOHN    H.    REAGAN 

were  not  rebels,  nor  traitors,  but  men  righting  for  the  Con 
stitution  made  by  our  Revolutionary  forefathers.  And  was 
this  a  crime  ?  I  held  that  for  only  two  reasons  could  punish 
ments  be  inflicted.  The  first,  to  confine  or  put  out  of  the 
way  a  person  or  persons  supposed  to  be  dangerous  to  the 
welfare  of  the  country;  the  second,  to  exert  a  restraining 
influence  on  the  conduct  of  others.  Neither  of  these  con 
ditions,  I  maintained,  was  present ;  the  existing  state  of  the 
late  Confederacy  was  such  as  to  render  all  of  these  pre 
cautions  unnecessary  and  unwise,  not  to  say  harsh  and 
despotic.  My  plan,  it  happened,  was  followed  in  part  by  the 
Government,  though  oppressive  and  cruel  persecutions, 
imprisonments  and  military  governments  came  in  due  season 
with  their  trains  of  crime.* 

On  the  i  ith  of  August,  1865,  while  still  in  prison,  I  wrote 
what  is  known  as  my  Fort  Warren  letter,  addressed  to  the 
people  of  Texas,  and  sent  it  with  the  assistance  of  the  United 
States  military  authorities  to  the  Hon.  A.  J.  Hamilton,  then 
Governor  of  Texas  by  military  appointment,  requesting  that 
it  be  given  to  the  public.  Having  been  a  member  of  Con 
gress  during  the  four  years  preceding  the  war,  and  connected 
with  the  administration  of  the  Confederate  Government 
during  the  war,  and  knowing  something  of  the  conditions 
which  would  be  insisted  on  for  the  restoration  of  the 
Southern  States  to  the  Union,  and  remembering  at  the  same 
time  the  hostile  policy  which  had  driven  the  South  to  seces 
sion,  and  the  great  sacrifices  of  the  brave  men  and  of  the 
enormous  property  interests  of  the  South,  and  knowing 
the  profound  conviction  of  the  Southern  people  of  the  wrong 
which  had  been  done  them,  and  how  difficult  it  was  under 
such  conditions  for  people  to  control  their  resentment,  and 
to  consider  questions  of  making  concessions  as  conditions 
of  peace,  and  as  it  had  been  my  fortune  to  have  to  combat 
strong  prejudices  on  the  part  of  the  public  in  more  than  one 


*For  those  who  may  be  interested  in  it,  I  give  my  letter  in  full, 
Appendix  B. 


LOOKING    TO    THE    FUTURE  227 

instance  in  the  past,  which  met  their  subsequent  approval — • 
I  determined  to  point  out  to  our  people  at  home  the  demands 
which  I  knew  would  be  made  of  them,  as  a  condition  to  the 
rehabilitation  of  the  Southern  States,  and  to  advise  them  to 
make  such  concessions  as  we  would  inevitably  be  required 
to  make,  as  the  only  means  of  avoiding  the  establishment  of 
military  government  in  the  South  and  to  save  us  from  uni 
versal  negro  suffrage. 

This  letter  met  the  approval  of  many  of  the  ablest  men  in 
both  the  North  and  the  South;  Senator  Henry  Wilson  of 
Massachusetts,  who  had  been  the  chairman  of  the  military 
committee  of  the  Senate  during  the  war,  told  me  he  had 
read  my  letter  to  the  people  of  Texas,  and  authorized  me  on 
my  return  home  to  say  to  the  people  that  if  they  would 
adopt  the  policies  suggested  in  it,  he  would  advocate 
it  in  the  Senate,  and  would  add  to  it  that  no  one 
should  be  punished  for  his  participation  in  the  war.  The 
Hon.  Charles  O'Connor,  the  great  lawyer  of  New  York,  said 
to  me,  "You  know  I  do  not  believe  negroes  should  become 
citizens  or  be  permitted  to  vote,  but  if  you  people  do  not 
give  them  the  protection  of  the  law  and  a  qualified  right  to 
vote,  military  government  and  universal  negro  suffrage  will 
be  forced  on  you."  President  Johnson,  Secretary  of  State 
Seward,  and  Attorney-General  Speed  all  expressed  their 
strong  approval  of  my  letter,  and  urged  me  on  my  return  to 
Texas  to  get  that  State  to  lead  off  in  that  line  of  policy,  as 
the  only  means  of  avoiding  military  governments,  which 
they  declared  would  be  abnormal,  and  would  endanger  civil 
liberty,  North  as  well  as  South.  General  Hampton  of  South 
Carolina,  and  many  other  distinguished  men,  in  both 
sections,  expressed  their  approval  of  my  letter. 

On  my  return  home  I  found  that  the  people  misunderstood 
the  spirit  and  purpose  of  my  letter,  and  that  they  were  not 
in  condition  to  reason  on  the  subject,  and  I  had  to  abandon 
the  idea  of  trying  to  induce  them  to  make  such  concessions 


228  MEMOIRS    BY    JOHN    H.    REAGAN 

as  it  was  practically  certain  would  have  saved  them  from 
both  military  government  and  universal  negro  suffrage.* 

In  October  Mr.  Stephens  and  I  were  liberated  from 
prison.  The  commissary  returned  to  me  what  remained  of 
my  money,  and  we  spent  two  or  three  days  in  Boston  renew 
ing  our  wardrobes.  My  parole  authorized  me  to  return  to 
Texas,  but  required  me  to  report  to  the  commanding  officer 
wherever  I  might  be  until  further  orders.  I  spent  a  few 
days  in  New  York  City,  partly  on  business,  but  mainly  await 
ing  authority  from  Washington  to  enable  me  to  see  Secre 
tary  Mallory,  who  was  still  in  prison  at  Fort  Hamilton. 
This  came  in  due  season  and  I  had  a  very  pleasant  meeting 
with  my  old  associate.  While  in  New  York  I  called  to  see 
Charles  O'Connor,  the  great  lawyer,  who  had  been  engaged 
to  defend  President  Davis,  in  order  to  confer  with  him  about 
that  defense.  It  was  while  I  was  with  him  at  this  time  that 
he  made  reference  to  what  was  known  as  my  Fort  Warren 
letter,  already  alluded  to.  At  the  same  time,  Senator  Wilson 
of  Massachusetts  called  on  me  at  my  hotel,  and  it  was  then 
that  he  used  the  expressions  which  I  have  noted  relative  to 
the  letter. 

When  I  reached  Washington  I  called  on  President 
Johnson  for  the  purpose  of  securing  an  enlargement  of  the 
terms  of  my  parole,  so  as  to  enable  me  to  look  for  some  boxes 
which  I  sent  from  Richmond  before  its  evacuation,  contain 
ing  clothing,  a  number  of  valuable  books  and  other  private 
property ;  and  also  to  request  the  return  to  me  of  the  printed 
copies  of  my  official  reports  as  Postmaster-General  of  the 
Confederacy,  for  copies  of  the  opinions  I  had  given  to 
President  Davis  in  writing — all  of  which  were  taken  from 
me  when  I  was  captured,  and  a  number  of  notes  of  hand 
which  had  been  given  to  me  for  borrowed  money,  amounting 
to  some  $4,000.  After  his  observation  that  many  changes 
had  taken  place  since  we  last  met,  he  told  me  he  would  look 


*This  letter  is  given  in  Appendix  C. 


LOOKING   TO    THE    FUTURE  229 

into  the  matter  of  my  requests  and  for  me  to  call  the  next 
morning  and  he  would  give  me  an  answer. 

Among  other  matters  to  which  I  called  the  President's 
attention,  I  requested  the  release  of  Governor  Lubbock  of 
Texas,  from  prison.  He  observed  that  there  was  a  charge 
of  murder  against  the  Governor.  I  replied  that  while  I  had 
not  been  able  to  see  or  confer  with  Governor  Lubbock,  1 
knew  him  so  well  that  in  his  name  and  behalf,  if  that  was 
the  cause  for  his  confinement,  I  asked  for  him  a  trial ;  I  felt 
sure  that  he  was  a  man  who  would  not  be  a  party  to  the 
commission  of  murder.  I  understood  in  the  conversation 
that  the  charge  grew  out  of  the  hanging  of  some  men  in 
the  neighborhood  of  Gainesville,  Texas,  who  were  evading 
or  resisting  the  law  of  conscription,  and  were  understood  to 
be  disloyal  to  the  Confederacy.  A  feud  had  grown  up  there 
out  of  which  had  come  some  violations  of  the  law.  The 
most  serious  thing  was  the  murder  of  Col.  James  Borland, 
a  leading  citizen  of  that  country,  by  that  disloyal  class  of 
men. 

The  next  morning — I  had  no  special  appointment  with  the 
President — the  ante-room  of  his  office  was  full  of  visiting 
people;  and  to  avoid  having  to  wait  for  my  turn  I  went 
directly  to  the  Secretary  of  War,  the  Hon.  Edwin  M. 
Stanton.  In  a  short  time  he  came  out  and  invited  me  into 
his  office.  As  we  passed  in,  to  cut  short  an  unpleasant 
mission,  I  told  him  I  supposed  I  was  not  in  a  position  to  ask 
favors  of  the  Federal  Government,  but  that  my  call  was  to 
request  the  return  to  me  of  the  papers  above  mentioned,  and 
to  ask  for  an  extension  of  the  terms  of  my  parole,  which 
would  enable  me  to  look  up  some  boxes  containing  private 
property;  and  another  containing  my  family  silver-plate.  I 
feared  I  might  be  regarded  as  violating  my  parole  by  looking 
up  this  property.  He  met  me  very  kindly  and  told  me  they 
had  the  documents  and  papers  I  referred  to,  and  that  they 
had  been  labeled  and  filed  in  the  Department.  He  sent  the 
Assistant  Secretary  of  War  for  the  notes  for  the  money 
loaned  and  gave  them  to  me.  He  also  said  that  my  reports 


230  MEMOIRS    BY    JOHN    H.    REAGAN 

and  the  opinions  I  had  given  the  President  would  be  pre 
served  and  printed,  and  that  I  could  get  them  in  that  way. 
He  observed  that  two  of  my  papers  had  been  read  in  the 
Cabinet  with  especial  interest  and  that  they  might  wish  to 
look  at  them  again.  On  my  asking  what  papers  he  referred 
to,  he  said  my  letter  to  President  Davis  about  the  campaign 
of  1863  and  the  opinion  given  him  about  the  negotiations 
between  General  Sherman  and  General  Johnston.  I  said  to 
him  that  when  he  read  my  letter  to  the  President  about  the 
campaign  of  1863,  I  did  not  know  but  that  he  might  convict 
me  of  being  a  general  besides  all  my  other  offenses. 

He  then  stated  that  their  Cabinet  had  been  divided  in 
opinion  as  to  whether  General  Grant  should  be  allowed  to 
go  round  Vicksburg  by  crossing  the  Mississippi  River  to  the 
east  side,  and  that  they  had  held  him  back  two  or  three  weeks. 
He  said  that  he  and  President  Lincoln  were  among  those 
who  doubted  the  policy  of  the  movement,  because  they 
expected  the  Confederate  Government  to  adopt  the  plan  I 
had  urged  upon  the  Cabinet.  He  said,  "If  your  Government 
had  accepted  the  policy  recommended  by  you,  the  war  would 
have  lasted  much  longer."  He  wrote  out  himself  an  exten 
sion  of  my  parole,  authorizing  me  to  go  to  any  State  ^r 
place  I  pleased,  but  requiring  me  to  report  to  the  command 
ing  officer  of  the  Department  where  I  might  be. 

While  at  Washington,  I  endeavored  to  get  authority  to 
visit  President  Davis  in  his  prison  at  Fortress  Monroe,  but 
this  was  denied  me.  On  my  way  south  I  spent  some  days  at 
Richmond,  Virginia,  with  pleasant  renewals  of  acquaintance, 
meeting  many  of  the  public  men  there,  and  finding  them 
divided  in  opinion  as  to  the  policy  indicated  in  my  Fort 
Warren  letter. 

On  my  arrival  at  Richmond,  en  route  to  my  home  in 
Texas,  I  addressed  a  letter  to  Maj.  George  W.  White,  who 
had  been  reared  in  the  town  with  President  Johnson  and  was 
his  friend.  He  was  at  this  time  living  with  the  President,  and 
I  ought  to  say  that  when  I  was  in  Washington  I  had  got 
access  to  the  President  through  him.  Before  the  war  he  had 


LOOKING   TO   THE   FUTURE  231 

been  a  citizen  of  Austin,  Texas,  where  we  became  acquaint 
ances  and  friends.  On  account  of  his  relations  with  the 
President  and  with  me,  I  adopted  this  method  of  reaching 
the  Executive  with  the  facts  and  reasons  stated  in  that  letter. 
White,  when  at  Austin,  was  the  law  partner  of  Judge 
Oldham.  The  two  prepared  Oldham  and  White's  Digest  of 
the  Laws  of  Texas. 

The  purpose  of  my  letter  was  to  aid  in  securing  the  release 
of  President  Davis  from  prison.  I  urged  that  the  welfare 
of  the  whole  country  would  be  subserved  by  setting  him  free 
without  a  trial ;  for  the  South  it  would  be  a  signal  that  harsh 
and  vindictive  measures  were  to  be  relaxed;  and  for  the 
North  it  would  indicate  that  they  were  willing  to  let  the 
decision  of  the  right  of  secession  rest  where  it  was  and  not 
try  to  secure  a  judicial  verdict.  To  Mr.  White  I  urged  that 
the  war  had  passed  judgment  and  that  hereafter  secession 
would  mean  rebellion;  and  that  if  Mr.  Davis  was  brought 
to  trial  before  a  civil  court,  an  impartial  jury  might  render 
a  decision  against  the  Government,  which  would  only 
intensify  matters.  I  had  felt  all  along  that  the  Government 
would  not  venture  upon  a  trial  of  the  merits  of  the  secession 
case — and  so  it  turned  out.* 

I  met  General  Pemberton  on  the  train  at  Greensboro, 
North  Carolina,  and  we  were  seated  together.  In  conversa 
tion  it  turned  out  that  we  both  were  going  to  Columbia, 
South  Carolina,  to  see  Mr.  Trenholm,  who  had  been  Secre 
tary  of  the  Treasury  of  the  Confederacy.  General  Pember 
ton  told  me  his  object  was  to  see  whether  Mr.  Trenholm 
could  lend  him  money  to  enable  him  to  rent  a  farm  so  that 
he  might  support  his  wife  and  children.  I  asked  if  he 
understood  farming.  He  said  no,  that  he  had  no  experience 
as  a  farmer,  and  added  that  he  had  no  profession  but  that 
of  an  engineer,  in  which  he  had  no  opportunity  of  engaging. 
I  knew  how  painfully  he  must  feel  under  such  circum 
stances.  Realizing  his  situation,  and  feeling  deeply  for  him, 


*For  my  letter  to  Mr.  White,  see  Appendix  D. 


232  MEMOIRS    BY    JOHN    H.    REAGAN 

I  recurred  to  what  I  had  heard  of  his  people.  I  observed 
after  a  pause  that  I  understood  his  family  in  Philadelphia 
were  wealthy,  and  asked  if  they  knew  of  his  condition.  He 
said  they  did  not,  and  that  they  never  should  know  it  from 
him. 

General  Pemberton  was  a  native  of  Pennsylvania  and  had 
been  a  major  in  the  Regular  Army  of  the  United  States 
at  the  commencement  of  the  war.  He  believed  that  the 
people  of  the  South  were  right  in  their  contention,  and 
tendered  his  services  to  the  Confederacy.  I  was  told  by 
President  Davis  that  the  mother  of  General  Pemberton,  who 
resided  in  Philadelphia  and  who  was  a  lady  of  considerable 
wealth,  objected  to  her  son's  going  to  the  support  of  the 
Confederate  cause.  When  he  told  her  that  he  was  a  military 
man  and  liable  for  duty  and  that  he  could  not  afford  to  risk 
his  life  in  an  unjust  cause,  he  was  informed  that  if  he  went 
to  the  Confederacy  he  would  be  disinherited.  He  expressed 
his  sorrow  at  not  being  able  to  conform  to  her  wishes,  but 
cast  his  lot  with  the  cause  he  believed  to  be  right.  He  was 
made  a  lieutenant-colonel  of  artillery  in  the  Regular  Army 
of  the  Confederacy.  He  was  afterward  promoted  until  he 
became  lieutenant-general,  and  was  in  command  at  Vicks- 
burg,  Mississippi,  during  the  siege  and  at  the  surrender  of 
that  important  point. 

Because  of  that  surrender  he  was  severely  criticised  by 
many,  and  some  persons  expressed  their  doubt  of  his  fidelity 
to  the  Confederate  cause.  After  his  exchange  as  a  prisoner 
of  war  I  was  with  Mr.  Davis  when  he  reported  for  duty. 
He  said  to  the  President  that  because  of  his  surrender  at 
Vicksburg  his  usefulness  in  high  command  was  destroyed, 
and  he  tendered  his  resignation  as  a  lieutenant-general  and 
asked  to  be  assigned  to  duty  in  his  line  rank  of  lieutenant- 
colonel  of  artillery.  The  President,  with  expressions  indi 
cating  his  strong  and  continued  confidence  in  him,  accepted 
his  resignation  and  ordered  him  to  service  in  his  line  rank. 

In  this  connection  I  cannot  refrain  from  relating  an 
incident.  In  1864  General  Butler  made  an  attack  on 


LOOKING   TO    THE    FUTURE  233 

Richmond  by  way  of  the  Williamsburg  road  with  a  con 
siderable  force  and  four  batteries  of  artillery.  Hearing 
rapid  firing  in  that  direction,  Col.  William  Preston  John 
ston,  of  the  President's  staff,  and  I  rode  out  to  where  the 
fighting  was  in  progress.  The  enemy's  shells  were  then 
reaching  the  suburbs  of  Richmond.  When  we  got  out  near 
our  fortified  line,  we  saw  General  Pemberton  standing  on 
the  earthworks  where  they  crossed  the  Williamsburg  road, 
directing  the  operations  of  the  force  defending  the  city.  The 
Federal  batteries  were  not  much  over  a  quarter  of  a  mile 
from  our  line  of  works,  and  the  bombardment  from  these 
four  batteries  was  so  rapid  and  furious  that  it  did  not  seem 
possible  that  one  could  live  exposed  to  it  without  protection. 
We  felt  surprised  at  General  Pemberton's  being  so  exposed 
to  the  enemy's  fire;  and  our  speculation  was  that  the  criti 
cisms  of  his  surrender  at  Vicksburg  had  so  wrought  on  his 
mind  that  he  was  seeking  death  on  the  battlefield.  At  that 
time  this  brave,  self-sacrificing  and  patriotic  man  was  living 
under  the  censure  of  many  people  he  had  made  so  great  a 
sacrifice  to  serve,  and  whom  he  had  indeed  served  with 
much  ability  and  courage.  I  feel  that  this  statement  is  due 
to  his  memory.  President  Davis,  too,  in  his  masterly  work, 
The  Rise  and  Fall  of  the  Confederate  Government,  shows 
the  great  respect  and  confidence  he  had  for  General 
Pemberton. 

From  Columbia  I  went  to  Augusta,  Georgia,  in  search  of 
the  boxes  I  had  sent  from  Richmond,  and  found  that  the 
man  in  whose  building  they  had  been  stored  had  turned  them 
over  to  the  Federal  authorities  when  the  military  occupied 
that  city.  Among  other  things  they  contained  my  files  of 
letters,  and  my  letter-books,  which  covered  all  my  corre 
spondence  during  the  war.  I  have  not  been  able  to  recover 
them,  though  I  used  my  best  efforts  to  that  end.  They  are 
undoubtedly  in  the  possession  of  the  Federal  Government; 
this  is  shown  by  the  fact  that  some  of  the  things  these  boxes 
contained  are  in  the  War  Department. 


234  MEMOIRS    BY    JOHN    H.    REAGAN 

The  chest  containing  my  family  silver-plate  was  sent  to 
the  care  of  our  revenue  officer  at  Columbia,  South  Carolina, 
before  I  left  Richmond,  and  was  by  him  sent  for  safety  u 
Greenville,  South  Carolina,  and  left  in  charge  of  a  hotel 
keeper  there.  The  box  and  the  mahogany  chest  in  it  which 
contained  my  silverware  had  been  broken  into  and  all  the 
smaller  articles  taken  out.  The  others  I  sent  home. 

At  Augusta,  Georgia,  I  met  Vice-President  Stephens. 
While  we  were  prisoners  he  had  read  my  Fort  Warren  letter 
and  expressed  strong  approval  of  it.  In  going  on  the  train 
together  out  to  his  home,  I  mentioned  that  I  had  seen 
nothing  from  him  on  that  subject.  He  replied  that  he  was 
being  talked  of  for  the  Senate  of  the  United  States,  and  that 
he  had  thought  it  best  for  him  not  to  discuss  the  matter. 
On  my  way  home,  at  New  Orleans,  at  Galveston,  and  at 
Houston,  nothing  was  said  to  me  about  my  Fort  Warren 
letter  until  I  met  Governor  J.  W.  Henderson.  I  felt  that 
regard  for  my  feelings  had  prevented  the  expression  of 
their  disapproval,  and  when  Governor  Henderson  inquired 
of  me  if  anything  had  been  said  to  me  about  it.  I  replied  in 
the  negative.  "My  friend,"  he  remarked,  "you  had  as  well 
understand  its  meaning,  for,  so  far  as  I  know,  every  man  in 
Texas  who  expects  to  be  a  candidate  for  anything  from 
governor  to  constable  seems  to  regard  it  as  his  duty  to 
denounce  you  morning,  noon  and  night,  under  the  supposi 
tion  that  while  in  prison  you  weakened  in  your  devotion  to 
the  South  and  had  come  out  for  negro  suffrage."  At 
Huntsville,  Crockett,  and  my  home,  Palestine,  when  I  met 
acquaintances,  they  expressed  themselves  as  glad  to  see  me 
again,  but  were  sorry  I  had  written  my  Fort  Warren  letter. 
I  saw  at  once  that  it  was  useless  for  me  to  think  of  engaging 
in  a  canvass  in  favor  of  the  policy  advocated  in  that  letter, 
as  I  could  expect  only  antagonism  from  the  people. 

My  home  in  Palestine  being  wrecked,  I  went  with  my 
motherless  children  to  my  Fort  Houston  farm  to  try  co 
support  them  by  tilling  the  soil.  I  could  not  practice  law, 
for  the  people  were  too  much  impoverished  to  pay  lawyer's 


LOOKING    TO    THE    FUTURE  235 

fees ;  and  I  employed  myself  in  managing  my  farm  for  about 
two  years  before  again  engaging  in  the  practice  of  my  pro 
fession. 

On  May  31,  1865,  I  was  married  to  Miss  Molly  Ford 
Taylor,  daughter  of  Mr.  John  F.  and  Mrs.  Rebecca  Walker 
Taylor.  Five  children  were  born  of  our  marriage,  three  of 
whom  are  still  living;  and  their  mother  has  been  indeed  a 
blessing  to  me. 

In  the  summer  of  1866  I  drove  my  wagon  into  town  with 
some  farm  tools  for  repairs,  and  saw  Gen.  John  B.  Hood 
on  the  public  square.  We  had  been  good  friends,  and  I 
wanted  to  show  him  the  courtesy  due  to  our  former  rela 
tions;  but  felt  much  embarrassed  because  I  did  not  have  a 
house  fit  to  take  him  to.  But  with  this  feeling  of  embarrass 
ment  I  went  to  him,  expressed  my  gratification  at  meeting 
him,  and  told  him  I  would  like  to  extend  to  him  the  hospi 
tality  of  my  home,  if  I  had  a  respectable  one.  "Well,"  he 
said  promptly,  "I  am  going  anyhow."  He  spent  several 
days  with  me,  during  which  time  we  discussed  a  number 
of  subjects  of  mutual  interest;  and  among  others  his  last 
campaign  in  Tennessee,  in  which  he  showed  to  my  satis 
faction  that  it  was  the  only  military  move  then  available, 
but  that  success  was  circumvented  by  high  water  in  the 
Tennessee  River,  which  prevented  the  crossing  of  it  at 
Gunter's  Landing,  making  it  necessary  for  him  to  march 
down  the  river  to  a  bridge  at  Decatur,  some  fifty  miles. 
This  prevented  his  reaching  Nashville  before  General 
Thomas  occupied  the  city;  and  because  of  the  failure  of  a 
part  of  his  army  to  attack  in  flank  a  moving  column  of 
Federals  at  Spring  Hill,  that  battle  was  lost. 


CHAPTER  XVIII 
RECONSTRUCTION  AND  AFTER 

The  Federal  Government,  having  been  successful  in  the 
war  between  the  States,  was  master  of  the  situation;  and 
under  the  laws  of  war  assumed  the  duty  of  reorganizing 
the  States  of  the  Confederacy. 

After  the  death  of  President  Lincoln,  Andrew  Johnson, 
the  Vice-President,  became  clothed  with  the  powers  and 
charged  with  the  duties  of  President  of  the  United  States ; 
and  entered  upon  the  work  of  maintaining  the  authority  of 
the  Government,  and  of  attempting  to  secure  the  restoration 
of  the  States  which  had  seceded  to  their  proper  place  in  the 
Union,  with  their  constitutional  rights  as  States  and  their 
proper  representation  in  the  Federal  Government.  In  this 
he  believed  he  was  carrying  out  the  policy  contemplated  by 
President  Lincoln ;  and  to  this  end  he  issued  such  proclama 
tions  and  orders  as  he  believed  to  be  necessary  (and  within 
the  purview  of  Executive  authority)  for  reconstructing  the 
States,  providing  for  the  calling  of  State  conventions,  the 
election  of  State  officers,  of  Senators  and  Representatives 
to  Congress,  and  for  the  enforcement  of  the  provisions  of 
the  amendments  to  the  Constitution  in  relation  to  the  rights 
of  the  freed  people.  In  these  proclamations  he  declared  the 
war  at  an  end,  alleging  that  the  people  of  the  Southern 
States  had  accepted  its  results. 

This  humane  policy  did  not  meet  the  approval  of  the  more 
radical  portion  of  the  Republican  party,  and  was  not  as  fully 
conformed  to  in  all  respects  by  the  seceded  States  as  he 
expected.  More  violent  measures  of  reconstruction  were 
adopted  by  the  radicals,  and  the  impeachment  of  the  Presi- 


RECONSTRUCTION    AND    AFTER  237 

dent  was  attempted.  The  Southern  States  and  people 
became  the  victims  and  sufferers  from  the  conflict  between 
the  policy  of  the  President  and  that  of  the  Congress. 

By  reference  to  my  letter  to  the  President*  it  will  be  seen 
that  the  general  policy  of  Reconstruction  suggested  by  it  was 
covered  by  the  plan  which  the  President  attempted  to  carry 
into  effect. 

At  the  close  of  the  struggle  the  people  of  the  South  were 
willing  to  accept  the  legitimate  results  of  the  war,  but  the 
Federal  Government  sought  more  than  the  rehabilitation  of 
the  States  and  their  restoration  to  the  Union.  The  plan  of 
Reconstruction  adopted  by  Congress  in  opposition  to  the 
policy  of  the  President  involved  the  making  of  the  Southern 
States  into  military  districts;  the  establishing  of  military 
governments;  the  suspending  of  the  writ  of  habeas  corpus, 
so  that  the  people  had  no  law  or  lawful  protection  of  life, 
person  or  property.  The  Southern  people  were  subject  to 
the  orders  of  military  commanders ;  they  were  liable  to  arrest 
at  the  instigation  of  military  officers  without  knowing  for 
what  they  were  arrested,  and  with  no  affidavit,  information, 
or  indictment  charging  the  commission  of  a  crime,  and 
without  a  lawful  warrant;  and  they  were  denied  the  right  of 
trial  by  jury  and  subject  to  a  drumhead  court  martial,  and  to 
punishment,  without  the  possibility  of  protection  against 
oppressive  and  illegal  acts.  Added  to  this  was  the  dis- 
franchisement  of  most  of  the  white  people  of  the  South, 
including  all  who  had  acquired  by  experience  some  knowl 
edge  and  fitness  for  devising  measures  for  the  promotion  of 
the  public  welfare ;  at  the  same  time  the  former  slaves  were 
enfranchised  and  given  all  the  rights  of  citizens. 

The  controlling  purpose  of  this  cruel  policy  was,  in  addi 
tion  to  the  complete  subjugation  and  humiliation  of  the 
Southern  people,  to  coerce  them  into  the  acceptance  of  the 
policy  and  political  opinions  of  the  Republican  party.  One 
of  the  expedients  to  this  end,  besides  the  foregoing,  was 

*See  Appendix  B. 


238  MEMOIRS    BY    JOHN    H.    REAGAN 

to  organize  what  were  known  as  "Loyal  Legions,"  composed 
of  negroes,  carpetbaggers,  scalawags  and  camp  followers— 
a  combination  of  the  lowest  classes  of  human  beings,  in 
which  hostility  to  the  whites  was  encouraged,  and  cruel 
venality  and  corruption  the  chief  business  of  these  associa 
tions.  In  addition,  some  officers  of  the  Army  and  many 
persons  connected  with  the  Treasury  Department,  robbed 
and  plundered  the  white  people  in  the  most  unscrupulous 
manner. 

Such  was  the  condition  of  the  people  who  had  exhausted 
all  their  means  in  carrying  on  the  greatest  war  of  modern 
times ;  many  thousands  of  whose  bravest  and  best  men  had 
fallen  in  battle  or  died  in  the  hospitals.  Others  had  returned 
to  their  wrecked  homes,  suffering  from  wounds  or  diseases, 
to  find  such  members  of  their  families  as  had  survived  the 
war,  in  poverty  and  distress,  all  civil  government  denied 
them,  all  public  enterprises  arrested,  and  all  industry  para 
lyzed.  During  this  period  of  terrible  trial,  lasting  about  four 
years,  any  Southern  man  who  was  base  enough,  or  weak 
enough,  to  turn  against  his  own  people  and  profess  belief  in 
the  policies  of  the  Republican  party  was  at  once  received  into 
full  fellowship  in  it,  and  was  apt  to  be  honored  by  appoint 
ment  to  some  official  position.  For  the  honor  of  human 
nature,  be  it  said,  few  such  were  found. 

It  is  pleasant  to  turn  from  the  contemplation  of  this  horrid 
and  unspeakable  picture  to  consider  the  progress  which  has 
been  made  by  the  Southern  people  since  the  period  of  Re 
construction.  They  have  reorganized  society,  reestablished 
their  industries,  reconstituted  their  State  governments,  paid 
off  a  large  amount  of  the  State  and  municipal  debts  created 
by  the  negro  and  carpetbag  governments  during  Recon 
struction,  passed  and  successfully  administered  good  systems 
of  laws,  giving  the  fullest  protection  and  security  to  the  lives, 
persons,  property  and  liberty  of  the  people;  and  have 
achieved  a  condition  of  general  prosperity  which  is  a  sur 
prise  to  themselves  and  to  all  others.  They  have  done  more 


RECONSTRUCTION    AND    AFTER  239 

and  better  than  this.  While  accepting  in  good  faith  the 
necessary  results  of  the  war,  they  have  successfully  resisted 
all  temptation  for  the  sacrifice  of  their  conscientious  political 
convictions,  and,  under  the  severest  test  which  could  have 
been  devised,  they  have  given  the  most  conclusive  evidence  of 
their  devotion  to  the  cause  of  civil  liberty,  and  of  their 
capacity  for  constitutional  and  local  self-government. 

In  writing  this  chapter  I  have  felt  that  in  stating  certain 
great  historical  truths  I  may,  in  the  minds  of  some,  be 
thought  to  be  calling  into  view  facts  calculated  to  renew  the 
prejudices  of  the  war.  I  hope  none  will  so  construe  my 
motives.  I  have  by  my  own  course  given  the  best  evidence 
I  could  of  my  acceptance  of  the  results  of  the  war.  And 
more  than  this,  in  the  recent  war  with  Spain,  I  gave  the  two 
sons  who  were  with  me,  and  my  only  grandson  old  enough, 
to  service  in  the  Army  of  the  United  States ;  one  son  was  a 
lieutenant  in  an  infantry  regiment,  the  other  a  lieutenant  in 
the  volunteer  regiment  of  engineers;  and  my  grandson  a 
captain  of  infantry,  who  later  for  two  years  commanded  a 
company  of  infantry  in  the  Philippine  Islands.  My  youngest 
son  is  now  a  lieutenant  of  cavalry  serving  in  a  regiment  in 
the  Philippines 

But  while  faithful  to  my  allegiance  and  to  my  duty  to  the 
United  States,  I  intend  to  be  equally  faithful  to  those  facts 
of  history  which  show  that  the  late  Confederates  were  not 
rebels  nor  traitors;  and  that  in  their  attempt  to  withdraw 
from  the  Union  they  were  guided  and  animated  by  the 
purest  and  most  exalted  patriotism,  and  justified  in  their 
action  by  the  Constitution  of  the  United  States. 

During  the  summer  of  1866,  on  returning  to  my  home  at 
Palestine,  Texas,  I  was  called  on  by  a  committee  to  deliver  an 
address.  I  inquired  what  they  wanted  me  to  talk  about. 
While  they  hesitated  to  reply,  an  old  friend,  Eli  Bailey, 
stepped  up  and  said,  "The  committee  is  too  modest  to  tell 
you  what  they  want.  It  is  an  explanation  of  your  Fort 
Warren  letter."  To  this  I  replied,  "Then  I  need  not  speak; 


240  MEMOIRS    BY    JOHN    H.    REAGAN 

the  letter  explains  itself;  and  if  I  had  to  speak  for  your 
liberty  and  my  life,  I  would  repeat  that  letter  without 
change." 

About  this  time  General  Griffin,  then  in  command  of  what 
was  called  the  Department  of  Texas,  with  headquarters  at 
Galveston,  sent  one  of  his  staff  officers  to  inquire  whether 
I  would  accept  the  appointment  as  Governor  of  Texas.  The 
officer  found  me  in  the  field  plowing.  I  asked  what  I  had 
done  to  cause  General  Griffin  to  suppose  I  could  accept  such 
a  position.  He  said,  "General  Griffin  thinks  you  are  a  con 
servative  man,  and  that  you  may  aid  in  the  restoration  and 
preservation  of  good  order  in  the  State."  I  told  him  to  take 
my  compliments  to  General  Griffin,  with  my  thanks  for  the 
proposed  honor,  but  that  I  could  never  be  Governor  of  Texas 
except  as  the  choice  of  the  people  of  the  State. 

On  the  1 2th  of  September,  1866,  I  suspended  work  on  my 
farm  long  enough  to  write  an  open  letter  to  Governor 
Throckmorton  of  Texas,  the  State  legislature  being  then  in 
session,  calling  attention  to  the  fact  that  I  had  written  ro 
the  people  of  Texas  from  Fort  Warren  in  1865,  pointing  out 
to  them  in  substance  that  the  Federal  Government  would 
require,  as  conditions  precedent  to  the  rehabilitation  of  the 
State  and  the  admission  of  our  members  to  seats  in  Con 
gress,  that  we  should  give  up  our  claim  of  the  right  of  a 
State  to  secede  from  the  Union,  recognize  the  authority  of 
the  Federal  Government,  give  to  the  negroes  the  protection 
of  the  laws,  and  at  least  a  qualified  right  to  vote  in  elections. 
That  by  acceding  to  this  we  might  avoid  the  establishment 
of  military  government  and  universal  negro  suffrage.  This 
advice  had  been  accepted  only  in  part,  and  the  refusal  to 
adopt  the  recommendations  which  I  made  was  giving  a 
pretext  to  the  more  radical  and  violent  members  of  Congress 
to  adopt  still  harsher  and  more  cruel  measures  of  Recon 
struction.  As  will  be  seen  from  the  reading  of  the  letter*  I 
made  an  appeal  to  the  Governor  and  legislature  to  adopt 

*Appendix  E. 


RECONSTRUCTION    AND    AFTER  241 

measures  still  possible  which  would  save  us  from  military 
government,  universal  negro  suffrage,  and  other  threatened 
misfortunes.  And  I  said  that  if  they  failed  to  do  so,  the 
people  of  the  State  ought  to  hold  them  responsible  for  the 
calamities  which  would  follow  such  failure.  They  refused 
to  act,  and  thus  involved  the  State  in  all  the  horrors  of 
military  government,  universal  negro  suffrage,  and  the  cruel 
measures  of  Reconstruction.  I  append  this  letter  as  an 
interesting  part  of  the  history  of  those  troublous  times.  We 
can  all  understand  that  there  is  more  chance  of  success  in 
appealing  to  the  passions  and  prejudices  of  a  people  who 
have  been  wronged,  than  in  appealing  to  their  reason  and 
requesting  them  to  make  concessions  necessary  to  their  wel 
fare.  In  this  case  politics  worked  a  great  evil — the  leaders 
failed  to  act. 

In  the  year  1866  I  was  a  member  of  the  State  Democratic 
convention  which  met  at  Bryan,  Texas;  and  though  I  was 
almost  blind  with  sore  eyes,  I  was  made  the  chairman  of  the 
platform  committee,  and  lying  on  a  bed  dictated  the  plat 
form,  which  was  written  out  by  the  Hon.  W.  M.  Walton. 
After  that  year  I  was  engaged  in  the  active  and  successful 
practice  of  law  in  the  State  and  Federal  courts  until  I 
re-entered  the  Congress  of  the  United  States  in  1875.  In 
1872  I  was  chairman  of  the  State  Democratic  convention 
which  met  at  Corsicana,  Texas,  which  nominated  the  Hon. 
Roger  Q.  Mills  and  the  Hon.  Asa  H.  Willie  for  seats  in 
Congress,  for  the  State  at  large,  to  which  they  were  elected. 

I  was  a  member  of  the  State  convention  which  formed  the 
Constitution  adopted  in  1876,  and  was  the  chairman  of  the 
judiciary  committee.  I  sought  to  have  inserted  a  different 
judiciary  article  from  the  one  adopted,  which  would  have 
enlarged  the  jurisdiction  of  the  justice  and  county  courts, 
and  would  have  reduced  very  materially  the  number  of 
county  officers,  securing  to  them  at  the  same  time  more 
remunerative  compensation.  My  purpose  was  to  secure  the 
services  of  an  abler  class  of  officers,  and  I  was  disappointed 


242  MEMOIRS    BY    JOHN    H.    REAGAN 

that  my  plan  was  not  adopted.  I  also  sought  to  provide  for 
longer  terms  for  State  and  judicial  officers,  and  to  give  them 
better  salaries  than  are  provided  for  in  the  Constitution.  In 
this,  too,  I  was  defeated. 

On  the  6th  of  December,  1875, 1  to°k  my  seat  as  a  member 
of  the  44th  Congress  of  the  United  States,  with  David  B. 
Culberson,  James  W.  Throckmorton,  Roger  Q.  Mills,  John 
Hancock,  and  Gustave  Schleicher  as  my  colleagues.  I  was 
appointed  a  member  of  the  Committee  on  Commerce  and  on 
Expenditures  of  the  Post  Office  Department.  During  this 
session,  realizing  the  necessity  of  improving  the  commercial 
facilities  of  my  State,  I  introduced  a  number  of  bills  pro 
viding  for  the  improvement  of  harbors  and  rivers;  and  I 
introduced  also  several  for  the  defense  of  the  frontier  of 
Texas. 

In  the  consideration  by  the  House  of  Representatives  of 
the  bill  making  an  appropriation  for  the  celebration  of  the 
centennial  anniversary  of  the  Declaration  of  Independence 
on  the  i Qth  of  January,  1876,  I  delivered  an  address  in 
which  I  made  a  plea  for  the  reunited  country.  I  urged  that 
the  centennial  year  should  be  made  one  of  general  rejoicing 
by  restoring  to  citizenship,  with  all  its  rights  and  privileges, 
those  men  of  the  South  who  still  lived  under  the  ban  of  the 
National  Government.  I  emphasized  that  it  was  the  time  to 
recur  to  the  principles  of  the  Declaration  of  Independence, 
to  assert  anew  the  cardinal  doctrines  of  our  political  philos 
ophy  ;  and  that  in  my  vote  for  the  bill  I  gave  a  pledge  that 
our  people  desired  to  be  restored  to  their  proper  places  in  the 
Union,  to  enjoy  the  blessings  common  to  all,  and  to  share 
in  the  glories  of  our  common  country. 

On  March  4,  in  my  speech  opposing  the  passage  of  a  law 
to  put  into  effect  the  Hawaiian  treaty,  I  showed  that  its 
effect  was  to  give  a  bonus  of  $400,000  to  a  few  sugar 
planters  of  Hawaii  and  their  associated  capitalists  in  the 
United  States,  at  the  expense  of  the  taxpayers  of  the 
country ;  and  that  the  result  would  be  to  people  those  islands 


RECONSTRUCTION    AND    AFTER  243 

with  Asiatics  instead  of  Americans.  I  also  suggested  that 
this  measure  would  lead  to  an  acquisition  of  the  islands. 
The  treaty  was  a  few  years  later  repealed,  on  the  grounds 
I  had  alleged,  that  it  was  a  corrupt  measure  inuring  to  the 
profit  of  a  few  capitalists. 

I  also  urged  the  passage  of  a  bill  to  amend  certain  sections 
of  titles  48  and  52  of  the  Revised  Statutes  of  the  United 
States,  concerning  commerce  and  navigation  and  the  regula 
tion  of  steam  vessels.  My  bill  related  to  matters  of  very 
great  importance  to  the  inland  and  ocean  commerce  and 
navigation  of  the  country;  and  its  passage  was  urged  by 
commercial  and  shipping  interests  generally.  I  devoted 
much  labor  to  its  preparation,  as  is  shown  by  my  report  and 
speech  explaining  its  provisions.  It  twice  passed  the  House 
with  but  few  dissenting  votes,  but  was  not  acted  on  b>  'i 
Senate.  The  railroad  interests  opposed  the  improvement  o.. 
water  routes  and  mustered  sufficient  strength  to  prevent 
action  on  it. 

On  the  8th  of  May,  1878, 1  addressed  the  House  of  Repre 
sentatives  at  great  length  in  favor  of  the  passage  of  my  bill 
"to  regulate  interstate  commerce  and  to  prohibit  unjust 
discrimination  by  common  carriers."  I  laid  down  the  fol 
lowing  principles  in  support  of  the  bill,  submitting  a  full  list 
of  legal  authorities  to  sustain  these  principles : 

1.  That  railroads  receive  their  franchises  from  the  public  for 
the  public  good  as  well  as  for  the  profit  of  the  stockholders. 

2.  That  monopolies  and  perpetuities  are  contrary  to  the  genius 
of  a  free  people,  and  cannot  be  allowed  or  maintained  in  this 
country. 

3.  That  the  political  authority  of  this  country  cannot,  either 
in  the  States  or  Congress,  create  a  power,  whether  corporate 
or  otherwise,  superior  to  the  power  and  authority  of  the  people 
themselves ;  one  which  may  oppress  and  wrong  them  without 
lawful  remedy  and  control;  for  all  power  is  inherent  in  the 
people  and  all  just  and  legal  government  is  designed  to  pro 
mote  the  public  welfare. 


244  MEMOIRS    BY    JOHN    H.    REAGAN 

4.  That  railroad  corporations  are  in  an  important  sense  public 
corporations,  and  are  always  recognized  as  quasi-public  cor 
porations. 

This  is  so: 

5.  Because  they  are  created  by  the  public  political  authority 
to  promote  the  public  good. 

6.  Because,  for  the  purposes  of  their  being,  they  are  clothed 
with  the  right  of  eminent  domain.     And  this  cannot  be  con 
ferred  under  our  constitutional  form  of  government  on  private 
persons  or  for  private  uses.    Private  property  can  only  be  taken 
for  public  uses  and  upon  just  compensation. 

7.  Railroad  companies  and  others  engaged  in  the  general 
transportation  of  merchandise  are  carriers  for  hire. 

8.  They  are  engaged  in  a  public  employment  affecting  the 
public  interest. 

9.  Hence  they  are  subject  to  regulation  and  control  by  the 
political  authority. 

The  Committee  on  Appropriations  of  the  House  of  Repre 
sentatives  in  1876  reported  a  bill,  the  effect  of  which  was  the 
abolishment  of  the  navy  yard  at  Pensacola,  Florida.  This 
was  the  only  navy  yard  on  the  Gulf  of  Mexico,  and  the  only 
place  at  which  either  vessels  of  war  or  commercial  vessels 
could  be  repaired.  And  in  case  of  war  with  any  maritime 
power,  if  the  Pensacola  navy  yard  should  be  abolished, 
vessels  of  the  United  States  in  need  of  repairs  would  have 
to  make  a  long  voyage  around  the  capes  of  Florida  and  up 
the  Atlantic  coast  to  some  place  where  repairs  could  be  made, 
and,  besides  the  great  expense  and  delay  of  such  a  voyage, 
a  vessel  would  be  exposed  to  capture  by  an  enemy's  ships. 
And  to  dismantle  that  navy  yard  would  have  been  to  expose 
the  commerce  of  the  great  valley  of  the  Mississippi,  Texas, 
and  the  Northwest  to  grave  danger  in  time  of  war,  which 
would  not  be  so  great  if  a  yard  for  the  repair  and  construc 
tion  of  vessels  could  be  preserved  on  the  Gulf  coast.  To 
prevent  such  a  mistaken  policy  as  the  dismantling  of  that 
navy  yard,  I  offered  and  secured  the  adoption  of  such 
amendments  as  preserved  it  for  the  future.  And  to  enforce 
this  view  on  the  iQth  of  May,  1876,  in  the  House  of  Repre 
sentatives,  I  delivered  a  lengthy  address.* 

*'See  Appendix  F. 


RECONSTRUCTION   AND   AFTER  245 

In  the  election  for  President  in  1876,  Rutherford  B. 
Hayes  was  the  Republican  candidate,  and  Samuel  J.  Tilden 
the  Democratic.  The  election  was  closely  contested  and  the 
result  had  to  be  determined  by  Congress.  Its  decision, 
reached  by  a  party  vote,  was  that  Hayes  had  received  185 
electoral  votes  and  that  Tilden  had  received  184,  giving  the 
election  to  Hayes  by  a  majority  of  one.  In  the  popular  vote 
Tilden  received  4,284,757,  and  Hayes  4,033,950  votes,  mak 
ing  Tilden's  majority,  250,807.  By  a  partisan  investigation 
and  decision  the  four  electoral  votes  of  Florida  and  the 
eight  electoral  votes  of  Louisiana,  which  were  really  cast  for 
Tilden,  and  the  four  votes  of  Oregon,  which  were  believed 
to  have  been  cast  for  Tilden,  were  all  counted  for  Hayes, 
and  he  was  made  President  by  the  strictly  partisan  count  of 
the  Electoral  Commission  appointed  by  Congress. 

The  committee  elected  by  the  House  of  Representatives 
to  investigate  the  action  of  what  was  known  as  the  Return 
ing  Board  of  Louisiana  caused  subpoenas  duces  tecum  to  be 
issued  requiring  its  members  to  appear  before  the  committee 
and  to  produce  the  returns  of  the  votes  and  their  books 
showing  what  action  they  had  taken  on  them.  That  board 
refused  to  obey  these  subpoenas  and  the  committee  sought 
to  have  the  House  take  such  steps  as  would  compel  its 
members  to  obey  them.  This  also  was  prevented  by  a  parti 
san  vote  of  the  House.  And  on  this  question  I  delivered  my 
speech  of  the  iQth  of  January,  1877.* 

The  State  convention  of  the  Democratic  party  met  at 
Austin,  Texas,  July,  1878,  to  nominate  candidates  for  State 
offices.  The  prominent  candidates  for  the  office  of  governor 
were  Ex-Governor  J.  W.  Throckmorton  and  Acting-Gover 
nor  Richard  B.  Hubbard.  Under  the  rules  of  the  convention, 
it  required  the  vote  of  two-thirds  of  the  delegates  to  make 
a  nomination.  After  balloting  a  week  it  was  found  that 
neither  of  them  could  secure  the  necessary  two-thirds. 

*See  Appendix  G. 


246  MEMOIRS    BY    JOHN    H.    REAGAN 

At  a  late  hour  on  Sunday  night  following  the  week's 
balloting,  I  was  aroused  from  sleep  by  a  committee  having 
among  its  members  Col.  W.  L.  Moody,  Capt.  E.  S.  Jemison, 
and  Gen.  J.  B.  Robertson ;  and  was  informed  by  them  that  it 
had  been  agreed  that  if  I  would  accept  the  nomination 
for  governor,  the  names  of  Throckmorton  and  Hubbard  as 
candidates  would  be  withdrawn  on  Monday  morning,  and 
that  I  would  be  nominated  by  acclamation.  After  acknowl 
edging  my  high  appreciation  of  the  proposed  honor,  I  stated 
to  those  gentlemen  that  I  had  introduced  in  the  House  of 
Representatives  a  bill  to  regulate  commerce  between  the 
States,  and  was  chairman  of  the  Committee  on  Commerce, 
which  had  it  in  charge,  and  that  I  deemed  it  so  important 
to  the  interests  of  the  whole  country  that  I  would  rather 
succeed  in  securing  its  passage  than  to  have  any  office  in  the 
gift  of  the  people;  that  I  did  not  know  who  would  succeed 
me  in  advocating  the  bill ;  that,  for  these  reasons,  I  would 
have  to  decline  the  nomination,  which  would  then  have  been 
equivalent  to  an  election. 

After  my  service  of  sixteen  years  in  the  House  of  Repre 
sentatives,  the  legislature  of  Texas,  in  1887,  honored  me  by 
choosing  me  for  United  States  Senator  over  three  other 
distinguished  competitors  of  the  same  political  faith,  and 
advocates  of  the  same  line  of  public  policy.  In  the  Senate  I 
labored  for  the  success  of  the  party,  maintaining  the  prin 
ciples  for  which  I  had  stood  in  the  past. 

One  of  the  last  measures  with  which  I  was  concerned  was 
the  "Force  Bill,"  which  involved  danger  to  our  political 
system.  This  was  in  1891.  The  bill  under  consideration 
was  one  drawn  ostensibly  to  regulate  by  Federal  authority 
the  election  of  the  members  of  Congress,  and  the  President 
and  Vice-President  of  the  United  States.  I  believed  this 
measure  to  be  unconstitutional,  subversive  of  the  form  of  the 
Federal  Government,  and  that  it  endangered  popular  liberty 
in  this  country.  Senator  Evarts  of  New  York  had  made  a 
well-considered  speech  in  favor  of  the  bill,  and  evidently 


RECONSTRUCTION    AND   AFTER  247 

expecting  that  it  would  become  a  law  made  an  earnest  appeal 
as  to  the  duty  of  the  people  to  obey  the  Constitution  and 
laws.  The  next  day  he  was  followed  by  Senator  Dixon  of 
New  Jersey,  who  also  favored  the  bill.  I  feared  the  effect  of 
the  speech  of  Senator  Evarts,  if  unanswered,  on  public 
opinion,  and  endeavored  to  have  an  answer  made  by  Sena 
tor  Gray  of  Delaware,  Senator  Morgan  of  Alabama,  or  some 
other  of  our  stronger  speakers.  Those  to  whom  I  spoke 
said  such  a  speech  could  not  be  replied  to  without  time 
for  preparation  and  consideration.  When  I  could  get  no  one 
else  to  undertake  it  I  determined  to  try  to  answer  it  myself 
rather  than  let  it  go  to  the  public  unanswered.  And  in 
probably  twenty  minutes  after  I  reached  the  conclusion  I 
began  my  speech  without  notes  or  documents  of  any  kind; 
and  under  such  conditions  closed  the  general  debate  on  this 
great  question.  The  amendments  to  the  bill  were  subse 
quently  discussed,  and  it  failed  to  pass  the  Senate.* 

I  have  given  a  partial  account  of  my  participation  in  the 
proceedings  of  the  35th,  36th,  and  44th  Congresses,  cover 
ing  the  years  1857-61  and  the  years  1875-77;  and  it  was  my 
wish  to  have  given  a  similar  account  of  my  participation  in 
the  proceedings  of  the  House  of  Representatives  during  the 
45th,  46th,  47th,  48th,  and  4Qth  Congresses,  covering  the 
years  1877-87 ;  and  in  the  debates  of  the  Senate  of  the  United 
States  during  the  5Oth  and  5ist  Congresses  (1887-91). 
This  would  have  shown  my  share  in  the  discussion  of  all  the 
great  and  interesting  questions  then  being  considered  by 
Congress ;  but  much  to  my  regret,  I  cannot  do  this  without 
making  this  work  too  voluminous  for  general  circulation. 

I  may  say,  however,  that  during  those  years  I  took  my 
full  share  in  the  advocacy  of  economy  in  the  expenditures 
of  the  Government.  I  favored  a  tariff  for  revenue  as  against 
a  protective  tariff ;  advocated  a  bimetallic  currency,  gold  and 
silver,  as  the  standard  money  of  the  country;  favored  the 
preservation  of  the  rights  of  the  States,  in  opposition  to 

*See  Appendix  I. 


248  MEMOIRS    BY    JOHN    H.    REAGAN 

enactments  by  Congress  in  violation  thereof,  including  oppo 
sition  to  the  enactment  by  Congress  of  Federal  election  laws. 
I  was  an  earnest  advocate  of  the  passage  of  a  law  by  Con 
gress  for  the  regulation  of  commerce  between  the  States, 
and  for  the  revision  of  the  Revised  Statutes  regulating 
internal  and  ocean  navigation ;  and  I  took  an  active  interest 
in  securing  the  necessary  appropriations  for  the  improve 
ment  of  the  rivers  and  harbors,  as  a  means  of  promoting 
the  interests  of  commerce.  These  are  some  of  the  many 
important  questions  which  I  discussed  during  the  sixteen 
years  I  was  in  the  two  Houses  of  Congress  subsequent  to 
the  war  between  the  States.  During  that  time  I  was  a 
member  of  the  Commerce  Committee  of  the  House,  and  for 
ten  years  chairman  of  it;  and  was  also  a  member  of  the 
Commerce  Committee  of  the  Senate  the  four  years  I  served 
in  that  body. 


CHAPTER  XIX 
IN  RETROSPECT 

On  the  i Qth  of  December,  1890,  the  Constitution  of  the 
State  of  Texas  was  amended  so  as  to  enable  the  legislature  to 
create  a  Railroad  Commission ;  and  an  act  of  the  legislature 
of  the  3d  of  April,  1891,  created  such  a  commission,  with 
power  to  make,  regulate,  and  maintain  freight  rates  and  pas 
senger  fares,  requiring  all  rates  to  be  reasonable  and  just.  In 
June  of  that  year,  resigning  my  seat  in  the  Senate  of  the 
United  States,  I  became  chairman  of  that  Commission,  and 
so  remained  for  eleven  and  a  half  years,  when  I  voluntarily 
retired  to  private  life. 

By  the  act  of  the  legislature  of  the  8th  of  April,  1893,  the 
Commission  was  authorized  to  limit  and  control  the  future 
issues  of  stocks  and  bonds  of  the  railroad  companies. 
Under  that  law  the  Commission  made  the  valuation  of  all  of 
the  railroads  of  Texas.  Since  the  organization  of  the  Com 
mission  nearly  four  thousand  miles  of  the  railroads  of  the 
State  have  been  taken  out  of  the  courts  of  bankruptcy,  and 
there  has  been  a  slow  but  gradual  reduction  in  freight  rates, 
and  a  steady  increase  in  the  net  revenues  of  the  railroads. 
These  changes  are  accounted  for  by  the  constant  growth  in 
the  business  of  the  roads,  and  by  the  adoption  and  enforce 
ment  of  fixed  rates  of  freight  which  prevent  them  from 
wasting  their  revenues  by  cutting  rates,  the  allowance  of 
rebates,  etc.  The  stocks  and  bonds  of  railroads  thereafter 
issued  were  made  to  represent  dollars  in  money  and  not 
watered  or  depreciated  securities. 

A  view  of  some  of  the  events  and  changes  which  have 
taken  place  during  my  long  life  might  be  of  interest  and 


250  MEMOIRS   BY   JOHN    H.    REAGAN 

instruction,  but  I  can  only  touch  upon  it.  In  the  year  of  my 
birth,  1818,  Illinois  became  one  of  the  States  of  the  American 
Union.  Before  its  admission  there  were  but  twenty  States ; 
now  there  are  forty-six.  Then  the  United  States  embraced 
only  the  original  thirteen  States,  and  the  Louisiana  pur 
chase,  and  this  was  all  but  unknown  in  extent  and 
value.  Since  then  Texas,  with  her  imperial  domain  and  the 
large  amount  of  territory  acquired  from  Mexico,  as  a  result 
of  the  war,  and  by  purchase  have  been  added  to  the  Union ; 
and  Alaska,  the  Hawaiian  Islands,  Porto  Rico,  and  the 
Philippines  have  been  acquired.  In  1820  the  population 
of  the  United  States  was  but  9,638,453;  in  1900  it  was 
75,568,686,  and  to  this  must  be  added  the  population  of  the 
Hawaiian  Islands,  Porto  Rico,  and  the  Philippines,  aggre 
gating  probably  10,000,000  more.  What  has  been  said  of 
Great  Britain  may  now  be  said  of  the  United  States,  that 
the  sun  never  sets  on  her  dominions. 

I  am  twelve  years  older  than  the  oldest  steam  railroad  in 
the  United  States;  and  I  remember  well  when  there  were 
no  steamships,  no  telegraphs,  no  telephones.  Now  there  are 
railroad,  telegraph  and  telephone  lines  covering  all  the  States 
from  the  Atlantic  to  the  Pacific,  and  our  steamships  for  war 
and  commerce  visit  all  the  countries  of  the  world.  When  I 
came  to  the  Republic  of  Texas  in  1839  it  is  probable  that 
there  were  not  100,000  white  people  in  the  Republic ;  and  for 
some  years,  letters  of  a  half  ounce  passing  between  Tennessee 
and  Texas  paid  seventy-five  cents  postage,  the  inland 
postage  of  the  United  States  being  twenty-five  cents,  the 
inland  postage  of  Texas  the  same,  and  the  ship  postage  from 
New  Orleans  to  Galveston,  twenty-five  cents.  I  recall,  when 
a  youth,  hearing  the  question  discussed  as  to  the  danger  of  an 
uprising  of  the  Indians  west  of  the  Mississippi  and  of  the 
anticipated  massacre  of  the  citizens  of  the  town  of  St.  Louis, 
as  it  was  then  called.  And  I  remember  well  when  San 
Antonio  was  but  a  town  of  probably  3,000  inhabitants. 


IN    RETROSPECT  251 

I  have  lived  to  see  the  improvement  in  mechanic  arts 
revolutionize  the  industrial  systems  of  the  country,  and  the 
increase  in  the  agricultural,  manufacturing,  and  commercial 
wealth  of  the  country  has  reached  almost  fabulous  amounts. 

I  enjoyed  the  friendship  of  the  venerable  David  G.  Burnet, 
the  Provisional  President  of  the  Republic  of  Texas ;  of  Gen. 
Sam  Houston,  the  commander  of  the  Texas  army  at  San 
Jacinto,  afterward  twice  President  of  the  Republic  of  Texas, 
and  Governor  of  the  State;  of  Mirabeau  B.  Lamar,  a  dis 
tinguished  soldier  in  the  army  of  Texas,  and  afterward 
President  of  the  Republic ;  of  Gen.  Thomas  J.  Rusk,  the  first 
Secretary  of  War  of  the  Republic,  her  first  Chief  Justice  of 
the  Supreme  Court,  who  served  the  State  three  terms 
in  the  Senate  of  the  United  States;  of  Gen.  Edward 
Burleson,  the  Hon.  David  S.  Kaufman,  the  Hon.  Isaac  Van 
Zandt,  and  Gen.  J.  Pinckney  Henderson,  each  of  whom  was 
distinguished  for  his  public  service  to  the  Republic  and 
State. 

It  was  my  fortune,  too,  to  be  personally  acquainted  with 
several  of  the  Presidents  of  the  United  States.  Among  them 
was  John  Tyler,  elected  Vice-President  in  1840,  who 
became  President  on  the  death  of  President  William  Henry 
Harrison.  I  served  in  the  Provisional  Congress  of  the  Con 
federate  States  with  President  Tyler,  and  remember  him  as 
one  of  the  most  agreeable  men  in  social  life  that  I  have 
known.  I  enjoyed  the  friendship  of  James  Buchanan,  who 
was  President  from  1857  to  1 86 1,  during  which  time  I  was 
a  member  of  the  House  of  Representatives.  I  was  acquainted 
with  Andrew  Johnson,  who  became  President  on  the  death 
of  Abraham  Lincoln ;  and  with  Gen.  Ulysses  S.  Grant,  who 
occupied  the  White  House  from  1869  to  1877.  I  was  in 
the  House  during  the  Administrations  of  Rutherford  B. 
Hayes,  James  A.  Garfield,  Chester  A.  Arthur,  who  became 
Chief  Executive  on  the  death  of  President  Garfield,  Grover 
Cleveland,  and  Benjamin  Harrison.  I  was  also  acquainted 
with  President  William  McKinley,  with  whom  I  served 
several  years  in  the  House  of  Representatives. 


252  MEMOIRS    BY   JOHN    H.    REAGAN 

I  also  enjoyed  the  personal  friendship,  as  well  as  close 
official  relations,  with  Jefferson  Davis,  the  President  of  the 
Confederate  States,  and  the  association  and  friendship  of  the 
distinguished  men  who  were  members  of  his  Cabinet,  and  of 
many  of  the  men  who  distinguished  themselves  in  the  legis 
lative,  military,  and  the  naval  service  of  the  Confederacy. 

It  has  been  my  fortune  to  know  many  of  the  distinguished 
citizens  of  the  United  States  during  the  past  sixty  years,  and 
to  have  formed  opinions  as  to  their  respective  characters  and 
abilities.  There  may  have  been  among  them  some  equal  to 
or  even  superior  to  President  Davis  in  some  one  department 
of  study  or  branch  of  knowledge;  but  taking  into  view  the 
combined  elements  of  character  and  ability  I  regard  him  as 
the  ablest  man  I  have  known.  There  is  a  maxim  that  dis 
tinguished  men  diminish  in  greatness  as  we  get  closer  to 
them.  This  view  did  not  apply  in  his  case.  In  all  my 
association  with  him  I  found  him  thoughtful,  prudent,  and 
wise.  I  never  heard  him  use  a  thoughtless,  vain,  or  idle 
expression. 

I  only  mention  these  associations  to  indicate  the  oppor 
tunities  I  have  had  for  becoming  familiar  with  matters  of 
public  and  historical  importance  which  have  occurred  within 
my  experience. 

If  this  great  Republic  could  be  administered  on  the  prin 
ciples  upon  which  it  was  founded  by  the  fathers,  it  might 
continue  to  be  an  asylum  for  the  most  prosperous,  the  most 
enlightened,  and  for  the  freest,  the  happiest  people  on  earth. 


APPENDIX  A 
THE  IRREPRESSIBLE  CONFLICT 

MR.  REAGAN. — Mr.  Chairman,  we  stand  in  the  presence  of 
great  events.  When  Congress  assembled  some  weeks  ago,  the 
control  of  the  condition  of  the  country  was  in  its  hands.  I  came 
here  with  a  full  knowledge  of  the  deep  discontent  that  prevailed 
in  a  portion  of  the  States,  and  I  felt  then  satisfied — as  all  must 
be  satisfied  now — that  they  intended  to  insist  unconditionally 
and  unalterably  upon  being  secured  in  their  constitutional  rights 
in  the  Union,  or  on  going  out  of  it  for  the  sake  of  self  preserva 
tion.  I  came  here  with  the  hope  that  such  measures  might  be 
brought  forward  by  those  who  had  the  power  to  control  this 
question,  as  would  assure  the  people  of  the  South  that  they 
might  expect  future  security  for  their  rights  in  the  Union.  I 
believe  that  if  the  Republican  members  had  manifested,  at  the 
beginning  of  this  session  of  the  Congress,  a  purpose  to  respect 
simply  the  constitutional  rights  of  all  the  States  and  of  their 
people,  all  these  difficulties  might,  before  this  time,  have  been 
settled.  I  do  not  mean  to  be  understood  in  making  that  remark 
as  indicating  that  it  would  have  been  necessary  for  them  to  have 
acceded  to  any  extravagant  or  unreasonable  demands.  Such 
demands  would  not  have  been  made,  unless  they  deem  it  ex 
travagant  and  unreasonable  to  insist  upon  plain,  specific  guar 
antees  of  those  rights  which  were  assuredly  secured  to  us  under 
the  present  Constitution  as  it  was  formed,  and  which  have  been 
secured  to  us  by  the  action  of  all  the  departments  of  the  Federal 
Government  down  to  this  time.  This,  I  believe,  was  the  condi 
tion  of  things  when  Congress  assembled  at  the  beginning  of 
this  session.  In  view  of  the  fact  that  Republican  members  of 
Congress  have  held  sullenly  back,  and  have  neither  proposed 
nor  accepted  any  compromise,  but  have  declared  that  they  have 
none  to  make,  four  States  are  now  out  of  the  Union  ;  and  others 
are  in  rapid  motion  to  go  out.  Unless  something  can  now  be 
done  to  arrest  this  movement,  there  will  be  but  few  Southern 
States,  if  any,  acknowledging  allegiance  to  the  Federal  Govern 
ment  on  the  4th  of  March  next. 


254  MEMOIRS    BY    JOHN    H.    REAGAN 

This  state  of  things  having  been  produced,  what  can  change 
it  ?  I  cannot  say  now  that  it  is  possible  to  arrest  the  movement. 
It  is  certainly  all  but  impossible  now  to  arrest  it.  It  is  my  duty 
to  speak  on  this  occasion  as  I  would  speak  in  the  presence  of 
the  future — as  I  would  speak  in  the  presence  of  the  calamities 
invoked  on  this  people  by  the  action  of  this  Congress,  and  by  a 
portion  of  the  States  of  the  Union.  No  men  on  the  face  of  the 
earth,  at  any  period  of  the  world's  history,  were  ever  charged 
with  a  more  solemn  responsibility  than  that  which  rests  to-day 
on  the  American  Congress.  It  calls  not  for  passion,  but  for 
calm  deliberation ;  not  for  the  maintenance  of  mere  partisan 
supremacy,  but  for  the  ascendancy  of  patriotism;  not  for  the 
domination  of  one  party  and  the  overthrow  of  the  other,  but  for 
a  constitutional  Union  based  on  the  action  of  the  people,  and 
on  the  support  of  a  Government  friendly  to  all  its  parts;  not 
nurturing  and  fostering  the  one  and  hostile  to  the  other,  but 
just  and  fair  to  all  alike.  These  are  the  great  principles  which 
should  animate  our  actions  if  we  intend  to  preserve  the  Union. 
On  the  other  hand,  if  fifteen  States  come  here — minority  as  they 
may  be  in  Congress,  in  the  popular  masses,  in  wealth  and 
power — telling  you  of  their  discontents,  and  the  cause  of  them, 
and  if  you  tender  no  olive  branch,  no  conciliation,  but  sternly 
deny  them  their  constitutional  rights,  and  tender  to  them  on 
the  one  hand  submission  to  ruin,  and  on  the  other  hand  powder 
and  ball,  who  is  it  that  does  not  know  what  their  decision  will 
be,  whatever  may  be  the  consequences  ? 

Is  there  a  cause  for  this  discontent?  It  has  been  interroga 
tively  suggested  that  there  was  none.  It  has  been  partially 
admitted  by  others  that  there  is  some  cause.  This  is  not  the 
time  to  come  here  and  suppose  that,  by  special  pleading  and 
ingenious  statements  of  the  cause  of  controversy,  we  can  change 
the  judgment  of  posterity  as  to  the  attitude  of  public  affairs  in 
these  times.  It  is  beneath  the  dignity  of  the  statesman ;  it  is 
beneath  the  dignity  of  the  men  who  control  events  to  resort  now 
to  special  pleading  to  misrepresent  the  causes  of  the  grievances 
which  now  exist.  History  will  tell  what  those  causes  are.  All 
of  you  to-day  know  what  they  are.  For  twenty  years  the  anti- 
slavery  strength  has  been  growing  in  the  free  States  of  this 
Confederacy.  In  recent  years  it  has  become  aggressive.  The 
question  tendered  to  the  people  of  the  South  is  well  expressed 
in  the  language  of  the  President  elect — that  this  agitation  must 
go  on  until  the  northern  mind  shall  rest  in  the  belief  that  slavery 
is  put  in  a  condition  of  ultimate  extinction.  That  was  his 


APPENDIX    A  255 

sentiment.  That  is  the  sentiment  of  the  great  leaders  of  that 
party.  I  presume  that  few  members  of  that  party  would  to-day, 
in  their  place,  deny  that  such  was  its  purpose.  I  take  it  for 
granted  that  we  may  act  on  the  presumption  that  this  is  its  pur 
pose.  What  justice  is  there  in  that?  Let  us  for  one  moment 
revert  to  the  history  of  the  Government  to  know  whether  it  is 
just  in  it  to  assume  the  responsibility  of  so  grave  an  act.  I 
need  hardly  to  say  that,  at  the  date  of  the  Declaration  of  Inde 
pendence,  each  of  the  thirteen  colonies  was  slaveholding.  At 
the  date  of  the  formation  of  the  Federal  Constitution,  twelve 
years  after,  twelve  of  the  thirteen  States  of  the  Union  were 
slaveholding  States.  Is  it  to  be  presumed  that  twelve  out  of 
thirteen  States  made  a  constitution  which  was  intended  to 
recognize  slaves  as  freemen  and  equals  ? 

It  would  be  asking  too  much  of  human  credulity  to  believe 
such  a  proposition.  If  anything  were  necessary  to  repel  the 
idea,  it  is  supplied  by  the  bare  fact  that  the  convention  which 
framed  this  Constitution,  and  gave  it  to  us  as  the  charter  of  our 
rights  and  liberties,  provided  in  it  for  keeping  open  the  African 
slave-trade  for  twenty  years  after  the  formation  of  that  Consti 
tution,  so  that  the  white  race  might  go  on  under  the  authority 
of  the  Constitution  and  acquire  a  large  amount  of  property  in 
negro  slaves.  The  interests  of  a  portion  of  the  States  were 
found  not  to  require  African  slavery ;  and  these  States  disposed 
of  their  negroes,  not  so  numerous  then,  it  is  true,  as  they  were 
in  some  of  the  more  Southern  States.  Then  they  made  their 
States  what  they  called  free  States.  The  Southern  States  raised 
no  objection,  and  had  no  right  to  raise  any  objection,  that  these 
States  had  chosen  for  themselves  to  exclude  negro  slavery ;  but 
they  had  rights  under  the  Federal  Constitution — the  right  to 
protection  and  security — which  it  was  their  duty  to  insist  upon. 
That  is  all  they  have  done. 

But,  Mr.  Chairman,  I  cannot  dwell  longer  upon  this  portion 
of  our  history ;  but  I  will  ask  attention  to  another  feature  of  this 
question.  I  invoke  the  attention  of  the  Republicans  for  a 
moment,  to  what  would  be  the  result  of  the  success  of  their 
doctrines  if  they  will  not  cease  this  agitation  until  they  can  rest 
in  the  belief  that  negro  slavery  is  put  in  process  of  extinction. 
But,  before  I  do  it,  I  wish  to  make  one  remark,  not  altogether 
connected  with  my  argument ;  but  which  may  not  be  unservice 
able.  We  have  for  years  back  heard  of  what  is  termed  the  irre 
pressible  conflict.  It  has  emanated  from  men  who  have  been 
eulogized  for  their  statesmanship  and  their  learning.  It  rested 


256  MEMOIRS    BY    JOHN    II.    REAGAN 

on  the  idea  of  irrepressible  hostility  between  the  interests  and 
institutions  of  the  States  of  the  Union.  It  has  been  invoked 
for  partisan  success  and  for  sectional  prejudice.  It  has  culmin 
ated  too  soon  for  its  authors.  And,  here  to-day,  behold  the 
fruits  of  the  irrepressible  conflict.  Every  man  who  looks  for 
ward  with  an  eye  to  the  interests  and  hopes  of  the  country  has 
foreseen  what  the  irrepressible  conflict  meant — that  it  meant 
subjugation  and  humiliation  to  the  South,  or  the  dissolution  of 
the  Union.  You  have  reached  now  its  logical  end.  Are  you, 
then,  longer  prepared  to  eulogize  a  doctrine  and  eulogize  its 
authors  which  have  brought  upon  us  so  precipitately  such  fruits 
as  these? 

But  to  the  point  to  which  I  was  calling  attention.  I  ask 
Republicans  to-day — and  I  would  to  God  I  could  throw  my 
voice  to  every  city  and  town  and  village  and  hamlet  in  the  whole 
North,  and  could  be  heard  by  every  citizen  there,  and  answered 
by  all — to  trace  the  history  of  the  African  race  through  all  the 
centuries  of  the  past,  in  every  country  and  every  clime,  from 
their  native  barbarism  in  Africa  to  slavery  in  Brazil  and  the 
West  Indies,  and  everywhere  else  that  you  find  them,  and  then 
come  to  the  Southern  States,  and  compare  the  condition  of  the 
negroes  there  with  their  condition  anywhere  else,  and  answer 
me  if  they  are  not  in  the  enjoyment  of  more  peace,  more  bless 
ings,  and  everything  that  gives  contentment  and  happiness,  than 
any  other  portion  of  that  race,  bond  or  free,  at  any  other  age, 
or  in  any  portion  of  the  world  ?  Will  any  man  deny  that  they 
are  ?  And  if  they  are,  is  it  the  part  of  philanthropy  to  turn  them 
back  to  the  condition  of  the  rest  of  their  race,  and,  in  doing  so, 
destroy  the  hopes  and  the  social  and  political  future  of  fifteen 
States  of  this  Confederacy?  Then,  again,  I  would  ask  this 
other  question.  Suppose  these  slaves  were  liberated ;  suppose 
the  people  of  the  South  would  to-day  voluntarily  consent  to 
surrender  $3,000,000,000  of  slave  property,  and  send  the  slaves 
at  their  own  expense  into  the  free  States ;  would  you  accept 
them  as  freemen  and  citizens  in  your  States?  [No!  No!  from 
the  Republican  side  of  the  House.]  You  dare  not  answer  me 
that  you  would.  You  would  fight  us  with  all  the  energy  and 
power  of  your  States  for  twenty  years,  before  you  would  submit 
to  it.  And  yet  you  demand  of  us  to  liberate  them,  to  surrender 
this  $3,000,000,000  of  slave  property,  to  dissolve  society,  to 
break  up  social  order,  to  ruin  our  commercial  and  political 
prospects  for  the  future,  and  still  to  retain  such  an  element 
among  us. 


APPENDIX    A  257 

Again,  I  ask  you,  do  you  believe,  one  of  you — does  any 
Republican  in  this  Union  believe  to-day  that  if  he  could  pur 
chase  a  separate  Territory,  occupied  by  no  human  being,  if  you 
could  liberate  all  the  slaves  to-day,  take  them  to  the  Territory, 
frame  a  government  for  them,  and  give  them  money  to  start  it — 
do  you  believe  that,  for  one  year,  or  any  future  period,  those 
negroes  could  maintain  a  government  in  peace,  giving  security 
to  life  and  person,  and  prosperity  and  repose  to  society?  I 
venture  to  say  there  is  not  a  Republican  in  this  Union  who 
could  hazard  his  reputation  by  answering  that  question  in  the 
affirmative.  And,  yet,  in  religion's  name,  in  God's  name,  in  the 
name  of  justice  and  humanity,  you  are  invoking  every  feeling 
that  can  stir  the  hearts  of  the  people  to  press  on  with  your 
irrepressible  conflict ;  never  halting,  never  stopping  to  consider, 
as  all  statesmen  must  consider,  the  relative  condition  and 
capacities  of  the  races ;  and  what  is  to  be  the  end  of  the  conflict 
which  you  invoke,  with  the  certainty  on  your  part  that  it  must 
result  in  breaking  up  this  Republic  or  in  the  subjugation  and 
the  infliction  upon  the  South  of  the  worst  despotism  that  can  be 
forced  upon  any  country.  I  address  you  with  all  the  earnest 
ness  of  my  nature ;  I  address  you  in  the  name  of  humanity,  in 
the  name  of  our  common  country  and  of  the  cause  of  civil 
liberty. 

Again :  if  I  wanted  experience  to  prove  the  truth  of  my  sup 
position  that  such  would  be  the  calamitous  effect  of  carrying 
your  principles  to  their  ultimate  results,  the  history  of  the  past 
furnishes  that  experience.  In  1793,  when  red  republicanism 
assumed  its  reign  in  France  and  the  wild  delusion  of  unre 
strained  liberty  seized  upon  the  minds  of  the  masses,  there  were 
wretched  fanatics  who  undertook  to  proclaim  the  equality  of 
every  human  being,  and  they  proposed  the  liberation  of  the 
slaves  in  the  French  West  India  colonies.  The  idea  chimed 
with  the  popular  delusions  of  the  day,  and  a  decree  was  passed 
that  all  the  slaves  should  be  free.  The  colonies  would  not 
accept  the  decree,  and  did  not  until  the  army  of  France  was 
brought  into  requisition,  and  the  slaves  were  set  at  liberty.  But, 
what  was  the  result  to  the  colonies?  Great  Britain,  catching 
the  contagion  from  France,  determined  upon  the  policy  of 
liberating  her  slaves  in  her  West  India  colonies;  but  she  was 
a  little  more  humane  and  liberal.  She  did  make  compensation 
to  the  owners  of  slaves  liberated,  to  the  amount  perhaps  of  one- 
eighth  of  their  value.  But  what  was  the  fruit  of  those  decrees 
to  the  colonies  interested?  What  was  the  result  of  conferring 


258  MEMOIRS    BY    JOHN    H.    REAGAN 

the  boon  of  freedom  upon  the  African  race  in  these  colonies? 
What  was  the  condition  of  these  colonies  prior  to  the  execution 
of  these  decrees  ?  They  were  the  homes  of  civilization,  content 
ment,  prosperity,  and  happiness;  their  farms  were  cultivated, 
their  cities  were  alive  with  business ;  their  ports  were  covered 
with  the  canvas  of  the  fleets  of  all  nations,  bearing  to  and  fro 
the  commerce  of  the  world.  Those  decrees  were  passed.  What 
followed?  The  white  race  was  to  a  considerable  extent  exter 
minated  by  all  the  implements  and  modes  of  cruelty  and  tor 
ture  that  ingenuity  of  barbarism  could  invent.  Yes,  sir,  exter 
minated.  The  fields  then  growing  under  the  hand  of  industry 
soon  went  back  into  jungle,  inhabited  by  the  wild  beasts  of 
the  forest;  grass  grew  in  the  streets  of  their  cities,  and  ships 
departed  from  their  ports.  And  they  have  gone  on  in  this 
experiment  of  liberty  from  revolution  to  revolution,  carnage 
succeeding  carnage,  until  at  this  time  some  of  them  have 
relapsed  into  and  present  a  spectacle  of  savage  African  bar 
barism.  Gentlemen  of  the  Republican  party,  are  you  now  pre 
pared  to  go  on  in  your  aggressions  until  you  have  inaugurated 
the  same  scenes  for  your  Southern  brethren?  I  say  your 
brethren,  for  hundreds  and  thousands  of  them  are  your  com 
mon  kindred,  living  in  the  enjoyment  of  the  blessings  of  the 
same  system  of  government,  and  enjoying  the  prosperity  com 
mon  to  our  people.  Are  you  prepared  to  inaugurate  a  system 
which  can  only  end  in  such  a  result?  Are  you  prepared  to 
attempt  to  force  us  by  fire  and  sword  to  submit  to  such  a  fate 
as  this? 

Your  people  have  lived  in  the  habitual  violation  of  the  Con 
stitution  and  laws  of  Congress,  for  many  years,  to  our  serious 
injury,  and  we  have  never  invoked  its  doctrine  of  Federal 
coercion  against  your  States.  Your  legislatures  have  passed 
laws  nullifying  provisions  of  the  Federal  Constitution  which 
ought  to  have  secured  protection  to  our  rights.  The  members 
of  your  legislatures  had  to  commit  official  perjury  in  voting 
for  these  laws.  And  your  Governors  had  to  do  the  same  thing 
in  signing  and  approving  them.  And  a  number  of  your  States 
have  passed  laws  to  fine  and  imprison  their  own  citizens  if 
they  should  aid  in  executing  the  fugitive  slave  law — a  law 
passed  in  conformity  with  the  requirements  of  the  Federal 
Constitution,  and  which  has  been  adjudged  to  be  constitutional 
and  binding  on  all  by  the  Supreme  Court  of  the  United  States. 

During  all  this  time  your  States  have  stood  in  open  rebel 
lion  against  the  Constitution  and  laws  of  the  country — and  this 


APPENDIX   A  259 

f 

in  carrying  on  your  aggressive  and  hostile  policy  against  us — 
we  have  heard  nothing  of  Federal  coercion,  not  even  from  our 
Northern  friends  who  are  now  so  ready  to  turn  Federal  bay 
onets  against  us.  But  now  that  the  Southern  States  have 
determined  that  they  can  stand  these  lawless  and  hostile  aggres 
sions  on  their  rights  no  longer ;  now  that  they  have  determined 
not  to  live  under  a  government  hostile  to  these  rights,  and 
that  their  safety  and  self-preservation  require  them  to  resume 
the  powers  they  had  delegated  to  the  Federal  Government  for 
their  common  good,  but  which  are  to  be  used  under  Republican 
rule  for  their  ruin,  we  hear  continually  from  Republicans  of 
the  treason  and  rebellion  of  the  South ;  and  they  are  loud  and 
seemingly  sincere  in  their  demands  for  the  enforcement  of  the 
laws  by  Federal  guns.  And  I  regret  to  see  that  Northern 
Democrats,  some  of  them,  seem  to  be  equally  forgetful  of  our 
wrongs,  and  of  abolition  aggressions  on  our  rights,  and  equally 
anxious  for  the  gunpowder  enforcements  of  the  laws,  against 
the  authority  of  State  sovereignty  in  the  exercise  of  their  high 
est  and  most  sacred  duties — the  protection  and  defense  of  the 
rights  of  their  own  citizens  who  can  no  longer  look  for  security 
or  protection  under  a  government  to  be  administered  by  hostile 
enemies  under  a  violated  Constitution. 

But  again :  I  wish  to  call  your  attention  to  another  point. 
What  is  to  be  the  effect  upon  the  material  prosperity,  not  of 
the  South  alone,  but  upon  the  North,  upon  Great  Britain,  and 
upon  the  whole  of  continental  Europe,  from  the  success  of  your 
policy?  Let  me  ask  you  to  consider — for  it  would  not  seem 
that  you  have  contemplated  it  for  yourselves — this  fact:  Dur 
ing  the  last  year  the  foreign  exports  from  the  Southern  States 
amounted  to  $250,000,000.  Of  this  amount  $200,000,000  con 
sists  in  the  exportation  of  the  single  article  of  cotton.  That 
cotton  supplies  the  material  for  your  Northern  manufacturers 
of  cotton  goods.  It  employs  the  millions  of  capital  engaged 
in  that  business.  It  employs  the  time  and  services  of  hundreds 
of  thousands  of  operatives  who  work  there.  It  employs  the 
investments  made  in  your  Northern  cities  in  the  shipping  in 
our  coast-wise  trade  and  foreign  commerce.  It  employs  the 
untold  millions  of  English  capital  engaged  in  the  manufacture 
of  cotton  goods.  It  employs  the  millions  of  English  capital 
engaged  in  the  transportation  of  cotton,  manufactured  and 
unmanufactured.  It  supplies  with  bread  the  hundreds  of  thou 
sands  of  operatives  employed  in  the  manufacture  of  these  goods 
in  England. 


260  MEMOIRS    BY    JOHN    H.    REAGAN 

Now  suppose  you  succeed  in  striking  down  African  slavery 
in  the  United  States ;  you  strike  down  not  only  our  prosperity 
in  the  South,  and  inaugurate  instead  all  the  horrors  of  African 
ized  barbarism  under  which  the  French  and  British  West  India 
colonies  now  suffer;  you  strike  down  all  the  investments  made 
in  the  manufacture  of  cotton  goods ;  you  bankrupt  your  capi 
talists;  you  beggar  your  operatives;  you  bankrupt  Great 
Britain ;  you  beggar  millions  there ;  you  inaugurate  starva 
tion  and  famine  in  Great  Britain  to  an  extent  ten-fold  beyond 
that  which  will  be  suffered  here.  You  require  of  us  uncon 
ditional  submission;  and  if  that  is  not  rendered,  you  propose 
to  employ  all  the  force  of  the  Army  and  Navy  to  subjugate  us. 

I  was  going  on  to  say  that  you  contemplate  as  a  part  of  the 
means  of  your  operations  the  blockade  of  our  ports.  Well, 
I  grant  that  you  have  the  ships,  and  you  could  blockade  our 
ports  if  none  but  ourselves  were  concerned.  But  let  me  warn 
you  in  advance,  that  like  a  distinguished  general  of  a  former 
war,  you  will  find  a  fire  in  the  rear  as  well  as  in  the  front 
when  you  undertake  to  do  it.  Your  own  people  will  not  per 
mit  you  to  do  it.  Your  commercial  cities  will  not  permit 
you  to  do  it.  Your  manufacturers  will  not  permit  you  to 
do  it.  But  suppose  your  people  should  be  so  demented  as 
to  allow  you  to  destroy  their  interests,  do  you  think  Great 
Britain  would  permit  it?  Will  she  permit  you  to  bankrupt 
her  capitalists  engaged  in  the  manufacture  of  cotton  goods, 
and  in  the  commerce  growing  out  of  cotton,  and  starve  her 
millions  of  operatives  ?  If  your  own  interests,  and  all  the  duties 
of  humanity  and  justice,  will  not  induce  you  to  forbear  from 
the  madness  and  folly  which  must  produce  such  results,  Great 
Britain  and  continental  Europe  will  promptly  require  you  to 
raise  the  blockade  of  our  ports. 

Gentlemen,  I  mention  these  things,  and  you  can  consider 
them  if  you  think  they  are  worth  considering.  We  are  dealing 
with  questions  which  involve  not  only  our  own  interests,  but 
the  interests  of  all  the  civilized  and  commercial  world. 

You  are  not  content  with  the  vast  millions  of  tribute  we 
pay  you  annually  under  the  operation  of  our  revenue  laws, 
our  navigation  laws,  your  fishing  bounties,  and  by  making  your 
people  our  manufacturers,  our  merchants,  our  shippers.  You 
are  not  satisfied  with  the  vast  tribute  we  pay  you  to  build 
up  your  great  cities,  your  railroads,  your  canals.  You  are 
not  satisfied  with  the  millions  of  tribute  we  have  been  paying 
on  account  of  the  balance  of  exchange  which  you  hold  against 


APPENDIX    A  261 

us.  You  are  not  satisfied  that  we  of  the  South  are  almost 
reduced  to  the  condition  of  overseers  for  Northern  capitalists. 
You  are  not  satisfied  with  all  this;  but  you  must  wage  a 
relentless  crusade  against  our  rights  and  institutions.  And 
now  you  tender  us  the  inhuman  alternative  of  unconditional 
submission  to  Republican  rule  on  abolition  principles,  and  ulti 
mately  to  free  negro  equality  and  a  government  of  mongrels 
or  a  war  of  races  on  the  one  hand,  and  on  the  other  secession 
and  a  bloody  and  desolating  civil  war,  waged  in  an  attempt 
by  the  Federal  Government  to  reduce  us  to  submission  to 
these  wrongs.  It  was  the  misfortune  of  Mexico  and  Central 
and  South  America,  that  they  attempted  to  establish  govern 
ments  of  mongrels,  to  enfranchise  Indians  and  free  negroes 
with  all  the  rights  of  freemen,  and  invest  them,  so  far  as  their 
numbers  go,  with  the  control  of  those  governments.  It  was  a 
failure  there ;  it  would  be  a  failure  here.  It  has  given  them  an 
uninterrupted  reign  of  revolutions  and  anarchy  there ;  it  would 
do  the  same  thing  here.  Our  own  Government  succeeded 
because  none  but  the  white  race,  who  were  capable  of  self- 
government,  were  enfranchised  with  the  rights  of  freemen.  The 
irrepressible  conflict  propounded  by  abolitionism  has  produced 
now  its  legitimate  fruits — disunion.  Free  negro  equality,  which 
is  its  ultimate  object,  would  make  us  re-enact  the  scenes  of 
revolution  and  anarchy  we  have  so  long  witnessed  and  deplored 
in  the  American  governments  to  the  south  of  us. 

We  do  not  intend  that  you  shall  reduce  us  to  such  a  con 
dition.  But  I  can  tell  you  what  your  folly  and  injustice  will 
compel  us  to  do.  It  will  compel  us  to  be  free  from  your  domina 
tion,  and  more  self-reliant  than  we  have  been.  It  will  compel 
us  to  assert  and  maintain  our  separate  independence.  It  will 
compel  us  to  manufacture  for  ourselves,  to  build  up  our  own 
commerce,  our  own  great  cities,  our  own  railroads  and  canals ; 
and  to  use  the  tribute  money  we  now  pay  you  for  these  things 
to  the  support  of  a  government  which  will  be  friendly  to  all 
our  interests,  hostile  to  none  of  them.  Let  me  tell  you  to 
beware  lest  your  abolitionism  and  irrepressible-conflict  states 
manship  produce  these  results  to  us,  and  calamities  to  you  of 
which  you  dream  not  now. 

The  question  again  recurs,  what  has  brought  the  perilous 
condition  of  the  country?  Why,  sir,  to  hear  the  taunts  that 
are  made  to  the  South,  to  hear  the  epithets  of  "treason,"  "rebel 
lion,"  "revolt,"  and  to  hear  the  declarations  and  pretensions 
made  in  the  North,  one  would  think  that  the  people  of  the 


262  MEMOIRS    BY    JOHN    H.    REAGAN 

South  were  a  reckless,  wayward  people,  seeking  only  to  do 
wrong.  How?  In  what?  Let  the  questions  be  echoed  and 
reechoed  all  over  the  Union — all  over  the  civilized  world. 
How?  In  what  have  the  South  done  wrong?  Have  they 
sought  to  violate  the  Federal  Constitution?  Have  they  sought 
to  violate  the  laws?  Have  they  asked  you  to  sacrifice  any 
material  interest?  Have  they  asked  you  to  sacrifice  any  prin 
ciple  that  is  not  in  conflict  with  the  Federal  Constitution  and 
laws?  I  wish  this  question  could  go  everywhere  and  sink 
into  every  heart,  and  be  answered  by  every  human  being.  How 
have  we  done  wrong?  In  what  way  have  we  done  wrong? 
History  is  to  answer  the  question ;  and  it  is  to  answer  it  in  the 
face  of  the  consequences  which  must  follow. 

I  stand  here  to-day  to  say  that  if  there  be  a  Southern  State, 
or  a  Southern  man  even,  who  would  demand,  as  a  condition 
for  remaining  in  this  Union,  anything  beyond  the  clearly  speci 
fied  guarantees  of  the  Constitution  of  the  United  States  as 
they  are,  I  do  not  know  it.  I  can  speak  for  my  own  State. 
I  think  I  have  had  intimate  association  enough  with  her  people 
to  declare  that  they  have  never  dreamed  of  asking  more  than 
their  constitutional  rights.  They  are,  however,  unalterably 
determined  never  to  submit  to  less  than  their  constitutional 
rights.  Never ;  never ;  sir !  You  can  rely  on  that,  Mr.  Chairman. 

Mr.  Chairman,  I  was  going  on  to  say  that  we  demand  nothing 
but  what  are  our  clear  constitutional  rights.  We  will  submit, 
sir,  to  nothing  less.  We  ask  no  concessions  as  a  mere  favor 
to  us.  We  demand  our  constitutional  rights.  That,  sir,  is  the 
language  of  freedom.  We  demand  them  and  we  intend  to  have 
them,  in  the  Union  or  out  of  it. 

I  regret  that  in  the  course  of  this  discussion  an  assumption 
is  made,  and  arguments  are  predicated  upon  it,  that  it  was 
simply  a  question  whether  we  have  the  right  to  rebel  against 
the  Federal  Government.  Those  arguments  have  seemed  to 
go  upon  the  hypothesis  that  we  neither  knew  nor  appreciated 
the  blessings  of  this  Union ;  but,  on  the  contrary,  we  hated 
and  wished  to  destroy  it.  And  here  I  must  say,  that  on  yes 
terday  I  was  deeply  pained  to  hear  certain  arguments  advanced 
by  the  distinguished  gentlemen  from  Illinois  and  Ohio  (Messrs. 
McClernand  and  Cox).  Their  arguments  seemed  to  proceed 
upon  the  assumption  I  have  stated.  I  was  the  more  pained, 
sir,  because  I  have  seen  the  gallant  battles  they  have  fought 
against  abolitionism  and  the  "irrepressible  conflict."  I  know 
their  experience,  their  judgment,  and  their  capacity.  I  know, 


APPENDIX   A  263 

sir,  that  they  are  representative  men  of  a  great  and  gallant 
party.  I  felt  profound  regret  to  see  such  arguments,  pro 
ceeding  upon  such  an  assumption,  come  from  those  gentlemen. 

Now,  Mr.  Chairman,  if  I  can  I  will  correct  some  of  the 
errors  upon  which  the  arguments  advanced  against  us  seem 
predicated.  We  do  rightly  estimate  the  value  of  the  Union. 
We  do  rightly  estimate  the  value  of  the  blessings  of  this  Gov 
ernment.  We  have  loved  and  cherished  the  Union.  Nobody 
has  a  better  right  than  I  have,  although  I  say  so  myself,  to 
make  that  declaration.  I  have  loved  the  Union  with  an  almost 
extravagant  devotion.  I  have  fought  its  battles  whenever  they 
were  to  be  fought  in  my  section  of  the  country.  I  have  met 
every  sectional  issue,  at  home  in  my  section,  and  in  my  State 
particularly,  which  was  attempted  to  be  forced  upon  the  public 
mind,  and  which  I  thought  would  mar  the  harmony  of  the 
Democratic  party.  I  have  fought  the  battles  of  the  Union 
without  looking  forward  to  the  consequences.  I  have  fought 
them  in  times  when  the  result  for  the  Union  seemed  almost 
hopeless.  If  I  could  believe  we  could  have  security  of  our 
rights  within  the  Union,  I  would  go  home  and  fight  the  battle 
of  the  Union  in  the  future  with  the  same  earnestness  and  energy 
that  I  have  done  in  time  past. 

While  those  gentlemen  tender  us  war  as  the  alternative,  if 
we  do  not  submit,  yet,  sir,  not  one  word  is  said  in  way  of 
rebuke  to  those  of  the  Republican  party  who  have  created  the 
present  storm;  no  demand  is  made  of  the  Republican  party  to 
relinquish  their  unconstitutional  encroachments — to  give  up 
pretensions  inconsistent  with  our  system  of  government  and  our 
political  rights.  There,  appeal  ought  to  be  made,  that  our 
rights  should  be  given  to  us,  and  that  we  should  be  secured 
in  the  enjoyment  of  them.  Let  that  be  done,  and  no  arm  and 
no  voice  will  be  raised  against  the  Federal  Union.  Deny  us 
our  rights,  and  we  will  face  your  messengers  of  death,  and 
show  you  how  freemen  can  die,  or,  living,  how  they  can  main 
tain  their  rights.  Mark  that,  sir ! 

Where,  Mr.  Chairman,  is  now  our  hope  for  conciliation? 
Pennsylvania  and  Vermont  have  already  acted  on  the  propo 
sition  to  repeal  personal  liberty  bills ;  and  they  have  refused 
to  repeal  those  obnoxious  and  unconstitutional  laws.  The  gen 
tleman  from  Ohio  (Mr.  Cox)  stated  yesterday  that  he  thought 
those  laws  would  be  repealed  in  Ohio. 

Mr.  HALE.  There  are  no  personal  liberty  laws  on  the  statute- 
book  of  Pennsylvania.  I  know  the  statement  has  been  made, 
but  it  has  been  corrected  time  and  again. 


264  MEMOIRS    BY    JOHN    H.    REAGAN 

Mr.  REAGAN.  I  refer  the  gentleman  to  his  own  statute-book. 
Mr.  MORRILL.  Let  me  say  a  word  for  Vermont. 
Mr.  REAGAN.  I  cannot  allow  myself  to  be  interrupted  con 
stantly. 

Mr.  MORRILL.  I  desire  to  correct  a  statement  that  this  gen 
tleman  has  made.  I  know  that  he  would  not  willingly  mis 
represent  my  State.  Vermont,  sir,  has  not  refused  to  repeal 
her  personal  liberty  bills.  The  matter  was  referred  to  a  com 
mission;  and  when  that  commission  reports,  the  legislature 
will  then,  I  have  no  doubt,  act  on  the  subject. 

^  Mr.  REAGAN.  They  have  not  repealed  the  personal  liberty 
bill.  That  was  my  statement ;  and  that  .statement  is  not  denied. 
I  do  not  believe  that  they  will  repeal  them  in  the  Northern 
States.  It  does  not  lie  in  the  mouths  of  our  Northern  friends 
to  ask  us  to  believe  them  until  they  can  promise  with  certainty 
that  these  laws  will  be  repealed.  We  know  that  delay  is  death. 
We  have  already  experienced  some  of  the  fruits  of  delays. 

We  want  to  avert  civil  war  if  we  can.  Yet  no  effort  has 
been  made  to  give  us  what,  under  the  Constitution,  we  ought 
to  have.  It  is  not  proposed  to  give  us  what  will  reasonably 
make  the  Southern  people  believe  that  they  will  have  security 
in  the  Union.  No  such  proposition  can  be  made  and  sustained ; 
because,  to  give  us  our  rights  is  to  disband  the  Republican 
party.  The  existence  of  that  party  depends  upon  violating 
the  Federal  Constitution,  and  in  making  war  upon  the  insti 
tutions  of  the  South.  There  is  now  an  irrepressible  conflict; 
and  either  the  Federal  Government  or  the  Republican  party 
must  end.  I  am  not  here  to  palliate  or  to  dodge  one  of  the 
inevitable  dangers  that  beset  us.  I  am  ready,  for  one,  to  face 
them  all ;  and  I  think  that  this  is  the  better  course  for  us  all 
to  pursue.  When  we  all  do  that  then  we  will  have  a  just 
understanding  of  our  relative  positions.  You  all  know  that 
we  cannot  and  dare  not  live  in  this  Union  with  our  rights  denied 
by  the  Republican  party.  Its  ascendency  is  our  destruction; 
and,  sir,  its  destruction  this  day  is  the  only  salvation  for  the 
Union. 

I  will  now,  for  a  moment,  refer  to  the  arguments  of  the 
distinguished  gentlemen  from  Illinois  and  Ohio  (Messrs. 
McClernand  and  Cox).  As  one  member  of  this  House,  I  want 
to  give  them  an  assurance  that  the  anticipations  they  enter 
tain,  and  upon  which  they  base  their  argument,  can  never  be 
realized.  I  have  been  taught,  from  my  earliest  instructions, 
in  the  theory  and  practice  of  our  Government,  that  this  is  a 


APPENDIX    A  265 

Government  of  consent  and  agreement,  as  contradistinguished 
from  a  Government  of  force  or  military  despotism.  It  is  bound 
to  be  one  or  the  other.  Which  is  it?  Is  it  a  voluntary  asso 
ciation  of  free,  republican  States,  upon  terms  of  equality,  or 
is  it  a  military  despotism,  in  which  the  Federal  arm,  through 
its  army  and  navy,  can  subdue  the  States  at  will,  and  force 
them  to  submit  to  any  grievance  which  may  emanate  from 
the  Federal  Government  or  other  States?  Which  of  these 
positions  do  my  friends  intend  to  assume  ?  Assuming  the  prin^ 
ciple  that  the  Federal  Government  has  the  right  to  bind  the 
States  in  all  things,  they  go  upon  the  hypothesis  that  their 
interests  and  positions  will  require  them  to  command  the  outlet 
to  the  Gulf  of  Mexico  and  the  forts  upon  the  coast  of  Florida. 
I  do  not  rise  for  the  purpose  of  denying  the  right  of  the  pas 
sage  to  the  Gulf;  but  I  must  express  my  regrets  that  they 
talk  in  advance  of  cleaving  their  way  to  the  Gulf  by  armies 
with  banners,  before  one  man  from  all  that  country  has  ever 
said  that  they  should  have  any  cause  for  war.  No  one  has 
ever  intended  to  deprive  them  of  the  benefit  of  the  naviga 
tion  of  the  Mississippi.  No  one  intends  it  to-day;  so  that  if 
we  are  trampled  upon  by  force,  let  me  proclaim  to  them  and 
to  the  country,  that  they  must  place  their  action  upon  a  differ 
ent  ground,  because  we  intend  that  they  shall  never  have  cause 
of  war  upon  that  account. 

Mr.  MCCLERNAND.  The  gentleman  seems  to  refer  to  my 
remarks  of  yesterday. 

Mr.  REAGAN.  The  gentleman  did  not  say  so  yesterday,  but 
he  did  on  a  former  day  of  the  session. 

Mr.  MCCLERNAND.  Never. 

A  Voice.  It  was  said  by  the  gentleman  from  Ohio  (Mr. 
Vallandingham) . 

Mr.  REAGAN.  All  I  want  to  say  is  this,  that  our  interest  is 
peace,  and  our  hopes  are  for  peace.  War  is  in  opposition  to 
all  of  our  interests  and  our  hopes.  We  want  no  war;  and 
we  intend  to  give  no  just  cause  for  war,  unless  the  attempt 
to  separate  ourselves  peaceably  from  despotism,  and  to  take 
care  of  our  rights  under  a  friendly  Government — and  they 
would  be  destroyed  under  a  hostile  Government — is  a  cause  for 
war.  We  declare  in  advance  that  we  will  not  interfere  with 
your  navigation  of  the  Mississippi  River.  We  know  that  is 
necessary  for  you;  but  we  cannot,  because  there  may  possibly 
be  some  conflict  of  interest  between  us,  consent  to  surrender 


266  MEMOIRS    BY   JOHN    H.    REAGAN 

our  liberties  rather  than  assume  the  responsibility  of  organiz 
ing  a  government  which  will  cover  the  lower  part  of  that  river 
and  the  capes  of  Florida. 

The  gentleman  from  Illinois  made  a  statement  yesterday, 
such  as  I  suppose  a  gallant  and  heroic  man  would  make,  if 
his  proposition  was  properly  predicated.  He  said  they  could 
not  submit  to  the  control  of  the  mouth  of  the  Mississippi  and 
the  capes  of  Florida  by  us ;  that  they  would  rather  perish — per 
ish,  he  said  with  emphasis — than  submit  to  any  other  power 
controlling  the  Mississippi,  and  commanding  the  coast  of  Flor 
ida.  If  such  is  his  jealousy  of  the  commercial  rights  only 
of  his  own  section;  if  he  feels  so  keen  and  sensitive  a  jealousy, 
what  would  he  think  of  us,  if  when  our  commerce,  our  homes, 
our  property,  our  social  and  political  possessions,  for  all  time 
to  come,  are  imperiled,  we  should,  like  trembling  dastards,  yield 
our  rights?  A  great  heart  like  his  would  never  expect  it; 
would  never  exact  it.  We  prefer  liberty  and  all  its  conse 
quences,  to  a  temporary  peace  without  honor ;  and  the  gen 
tleman  will  justify  us  if,  under  such  circumstances,  we  tell 
the  North,  and  tell  the  world  that  we  accept  independence, 
with  all  its  consequences,  in  preference  to  base  submission, 
dishonor,  and  irretrievable  ruin.  We  shall  have  no  cause  of 
war.  My  section  sympathizes  with  the  gentleman  from  Illinois 
and  his  friends.  They  look  upon  them  as  defenders  of  the 
Constitution ;  and  it  has  been  my  pride  on  many  a  stump,  and 
in  many  a  place,  to  eulogize  by  name  the  gentleman  from 
Illinois  (Mr.  McClernand)  and  the  gentleman  from  Ohio  (Mr. 
Cox),  with  all  their  associates,  for  their  gallant  conduct,  their 
moral  courage,  their  heroic  bearing  in  standing  up  against 
Northern  fanaticism,  and  resisting  its  onward  wave  to  the 
destruction  of  the  Constitution,  the  Union,  and  our  rights. 
Now,  what  will  our  people  say  when  these  speeches  are  printed 
and  sent  to  them,  and  they  see  that  these  gentlemen  are  the 
first  in  this  House  who  say  that  the  assertion  of  our  indepen 
dence,  when  we  can  no  longer  live  in  this  Government,  shall 
invoke  the  cannon,  the  rifle,  the  saber,  and  all  the  instruments 
of  war?  What  will  they  say  when  they  see  that  these  gen 
tlemen,  who  have  long  resisted  abolitionism,  defied  its  power, 
and  been  crushed  down  by  its  operations,  are  the  first  to  sur 
render  at  discretion  in  the  face  of  the  abolition  enemy  ? 

Mr.  MCCLERNAND.  I  belong  to  a  particular  association — a 
great  party — that  occupies  a  distinct  ground  in  this  controversy 
upon  the  slavery  question.  We  have  been  a  Union  party — 


APPENDIX    A  267 

a  constitutional  party — organized  against  the  two  extreme  par 
ties.  We  will  not  succumb  to  either,  but  continue  to  stand  by 
the  constitutional  guarantees,  as  we  have  done  in  the  past. 

Mr.  REAGAN.  I  would  always  have  expected  from  the  gen 
tleman  such  a  proposition.  I  know  the  gentleman's  position 
well ;  and  what  I  ask  him  to  consider  is,  what  has  brought  us 
to  our  present  condition?  If  our  rights  had  not  been  denied 
us — if  our  condition  had  not  been  imperiled — no  voice  would 
have  been  raised  in  the  South  for  disunion.  Will  you  compel 
us  to  submit  to  abolition  behests?  Will  you  demand  that  we 
shall  submit  to  destruction  at  their  hands?  I  understand  the 
position  of  those  gentlemen;  but  I  ask  them  to  review  their 
words,  and  determine  whether  they  are  prepared  to  assert  to 
the  world  and  to  American  people,  that  there  is  no  remedy 
under  this  form  of  Government,  for  the  grievances,  wrongs, 
and  outrages  inflicted  upon  a  State;  that  we  shall,  under  this 
Government,  have  no  remedy;  and  that  it  is  in  the  discretion 
of  the  Federal  Government  to  turn  against  us  the  cannon  and 
the  glittering  saber.  Is  such  the  Government  under  which  we 
live?  Is  such  the  Government  for  which  Washington  and  his 
compatriots  battled  ?  Is  such  the  Government  framed  by  Jeffer 
son  and  Madison  and  their  associates?  No.  It  is  a  Govern 
ment  of  consent,  a  Government  of  agreement,  a  voluntary  Con 
federation,  in  which  no  power  was  conferred  to  use  force 
against  a  State,  in  order  to  reduce  her  to  subjection.  In  the 
convention  which  framed  it  a  proposition  of  such  a  character 
was  offered  and  rejected  by  the  convention;  and  by  the  Con 
stitution  itself,  Congress  can  only  exercise  the  powers  specially 
delegated  to  it. 

I  have  but  one  word  more  to  say.  I  live  far  to  the  South. 
We  have  a  long  Mexican  boundary,  and  a  long  Indian  frontier, 
infested  by  hostile  savages  throughout  its  whole  extent;  and 
yet  this  Government  has  refused  for  years  to  defend  us  against 
them.  We  have  a  long  coast,  too,  open  to  the  approach  of  a 
naval  force,  and  we  know  the  consequences  of  our  acts,  and 
we  know  what  may  follow  an  attempt  to  take  care  of  our 
selves  and  our  liberty ;  but  we  remember  at  the  same  time  the 
history  of  the  past.  Less  than  twenty-five  years  ago  Texas 
stood  a  province  of  Mexico,  with  a  population  of  not  more 
than  thirty  thousand,  entitled  to  privileges  of  Mexican  citizens, 
including  all  ages  and  sexes.  We  lived  under  the  Mexican 
Constitution  of  1824,  which  the  Texans  fought  to  sustain. 
That  Constitution  was  subverted  by  a  military  despot;  and 


268  MEMOIRS    BY    JOHN    H.    REAGAN 

our  liberties  were  trampled  in  the  dust.  That  despot  came 
against  us  with  invading  armies  for  our  subjection.  He 
intended  to  overawe  us  by  the  display  of  military  power,  as 
the  President  and  General  Scott  are  now  attempting  to  do 
with  the  Southern  States.  The  thirty  thousand  people  of  Texas 
resisted  that  power  for  the  ,sake  of  liberty  and  those  rights 
to  which  we  were  entitled,  trusting  to  the  God  of  battle  and 
to  the  justice  of  their  cause.  In  that  great  struggle  companies 
and  battalions  fell  to  rise  no  more.  They  sank  nobly  for  free 
dom,  as  freemen  will  sink  again  for  her  cause  whenever  you 
shall  tender  to  us  that  alternative.  Upon  the  field  of  San 
Jacinto  they  won  their  liberty  by  their  brave  hearts  and  their 
stalwart  arms.  They  vindicated  that  liberty  for  ten  or  twelve 
years  afterwards ;  and  then  as  a  pledge  of  their  love  to  this 
Union,  and  their  confidence  in  its  principles,  and  desire  for 
the  enjoyment  of  its  prosperity  and  its  happiness,  that  people 
tendered  Texas,  a  free  and  voluntary  offering,  to  come  in  as 
one  of  the  States  of  the  Union,  upon  terms  of  equality  with 
the  other  States. 

But  we  were  told  yesterday  that  we  sold  ourselves.  The 
gentleman  did  not  mean  exactly  what  his  language  would 
imply;  but  he  must  see  how  offensive  such  remarks  must  be 
tc  those  who  do  not  appreciate  the  use  he  intended  to  make 
of  the  argument.  Texas  cost  this  Government  not  one  cent. 
She  vindicated  her  liberty  by  her  arms ;  and  redeemed  to  civil 
and  religious  liberty  a  country  as  large  as  the  six  New  Eng 
land  States,  and  New  York,  Pennsylvania,  Maryland,  Ohio, 
and  Indiana,  all  put  together.  She  redeemed  it  from  Catholic 
priest-craft  and  military  despotism,  and  has  covered  it  over 
with  five  hundred  thousand  freemen,  a  prosperous  and  happy 
people ;  and  they  are  prepared  to  vindicate  their  liberties  when 
they  are  encroached  upon  again  by  a  despotism  of  one  or  of 
many  men. 

It  is  true  that  war  grew  out  of  the  annexation  of  Texas; 
and  I  suppose  it  is  that  which  the  gentleman  charges  Texas 
with.  But  this  Government  knew  what  it  was  doing  when  it 
was  acquiring  dominion  over  that  country,  and  adding  to  the 
United  States  to  aid  in  building  up  its  commercial,  agricul 
tural,  and  manufacturing  interests.  But  they  also  acquired 
New  Mexico  and  Utah,  and  the  great  golden  State  of  Cali 
fornia,  by  that  war,  and  extended  their  power  and  dominion 
to  the  Pacific  Ocean.  And  that  is  what  the  gentleman  from 


APPENDIX   A  269 

Ohio  (Mr.  Cox)  and  the  friends  of  those  measures  now  sneer- 
ingly  refer  to  in  their  reference  to  the  purchase  of  Texas.  I 
was  sorry  to  hear  it. 

Allusion  has  also  been  made  to  the  fact  that  $10,000,000 
was  subsequently  paid  for  a  portion  of  the  domain  of  Texas, 
to  some  of  which,  it  is  -said,  she  had  no  title.  I  have  no  time 
to  enter  into  an  argument  upon  that  question.  The  Federal 
Government  took  up  our  quarrel  for  that  boundary.  As  our 
agent,  she  obtained  the  title  deed  for  us.  No  lawyer  will  say 
that  it  lay  with  her  to  dispute  our  title.  She  then  offered  us 
$10,000,000  for  a  part  of  this  land — eighty  or  a  hundred  thou 
sand  square  miles  of  it.  Texas  accepted  the  offer.  Shall  the 
representatives  of  the  Federal  Government  now  taunt  us  with 
the  statement  that  Texas  has  been  bought  with  a  price  and 
paid  for?  Why,  this  Government  only  bought  a  portion  of 
Texas.  She  has  that  now.  It  is  not  in  the  jurisdiction  of 
Texas.  This  Government  proposed  the  trade.  Texas  assented 
to  it.  Was  there  anything  in  this  to  call  for  contemptuous 
taunts?  We  made  no  sale  to  this  Government  of  what  is  now 
Texas.  But  Texas  did  give  to  this  Government,  freely  and 
voluntarily,  her  sovereignty  and  the  dominion  of  all  her  vast 
and  fertile  domain,  and  ought  to  be  exempt  from  the  con 
temptuous  charge  of  having  been  bought.  It  is  wholly  untrue, 
and  self-respect  should  prevent  the  making  of  such  a  charge. 

Mr.  Chairman,  there  are  other  subjects  which  I  had  hoped  to 
discuss  this  morning,  but  I  will  not  trespass  on  the  patience 
of  the  House  by  discussing  them  now.  I  have  to  say  in  the 
end,  that  yet,  almost  hopeless  as  it  seems,  I  would  be  glad  to 
see  an  effort  made  toward  conciliation.  Above  all  things  I 
stand  here  to  invoke  members  to  look  upon  this  question  as 
one  which  involves  the  interest  and  destiny  of  States,  to  warn 
them  that  they  are  making  advances  against  fifteen  States,  with 
thirteen  million  people,  and  with  more  than  two-thirds  of  the 
exports  of  the  country ;  against  a  people  who  understand  all 
these  questions,  and  who  are  not  to  be  misled  or  deceived  by 
special  pleading;  a  people  who  never  intended  or  wished  to 
raise  their  voice  against  the  Federal  Government,  and  who 
never  would  have  done  so  if  they  had  been  let  alone.  Remem 
ber  that  we  only  ask  you  to  let  us  alone — nothing  else.  Give 
us  security  in  the  Union.  Respect  our  rights  in  the  common 
Territories.  So  act  among  yourselves  as  to  let  us  know  that 
we  need  no  longer  live  under  continual  fear  of  the  consequences 
of  your  actions. 


270  MEMOIRS    BY    JOHN    H.    REAGAN 

I  must  say  that  the  very  State  from  which  I  come,  the  very 
district  which  I  represent,  has  had  some  painful  experience 
during  the  last  summer,  growing  out  of  the  doctrines  of  aboli 
tionism.  We  found,  for  the  last  two  or  three  years,  the  mem 
bers  of  the  Methodist  Church  North,  and  others,  living  in 
Texas,  were  propagating  abolition  doctrines  there.  We  warned 
them  not  to  carry  on  their  schemes  of  producing  disaffection 
among  our  negroes ;  but  they  persisted,  and  did  not  cease  until 
they  had  organized  a  society  called  the  Mystic  Red.  Under 
its  auspices,  the  night  before  the  last  of  August  election  the 
towns  were  to  be  burned  and  the  people  murdered.  There 
now  lie  in  ashes  a  number  of  towns  and  villages  in  my  dis 
trict.  Four  of  them  were  county  seats,  and  two  of  them  the 
best  towns  in  the  district.  The  poisonings  were  only  arrested 
by  information  which  came  to  light  before  the  plan  could  be 
carried  into  execution.  The  citizens  were  forced  to  stand 
guard  for  months,  so  that  no  man  could  have  passed  through 
the  towns  between  dark  and  daylight  without  making  himself 
known.  A  portion  of  them  paid  the  penalty  of  their  crimes. 
Others  were  driven  out  of  the  country.  These  things  had 
their  effect  on  the  public  mind.  They  were  the  results  of  aboli 
tion  teaching;  a  part  of  the  irrepressible  conflict;  a  part  of 
the  legitimate  fruits  of  Republicanism. 


APPENDIX  B 

IN  PRISON,  FORT  WARREN, 

BOSTON  HARBOR,  May  28,  1865. 
His  Excellency,  ANDREW  JOHNSON, 

President  of  the  United  States  : 

I  know  not,  sir,  whether  you  will  consider  me,  a  prisoner 
in  solitary  confinement,  as  offending  against  propriety  by  ask 
ing  to  tax  the  time  of  your  Excellency,  amidst  the  great  cares 
and  labors  of  your  position,  by  the  perusal  of  this  communi 
cation.  I  beg  of  you  the  favor,  if  your  engagements  will  per 
mit,  to  read  it.  With  what  you  may  chance  to  know  of  me 
you  will  determine  the  motives  which  have  induced  me  to  risk 
addressing  you,  and  the  amount  of  consideration  you  should 
give  what  I  say.  You  may,  perhaps,  remember  me  as  a  native 
of  East  Tennessee,  as  a  former  member  of  the  Congress  of 
the  United  States  from  Texas,  and  more  recently  as  the  Post 
master-General  of  the  Confederate  States. 

Great  questions,  which  involved  some  three  thousand  mil 
lions  of  dollars  in  what  was  recognized  by  the  Constitution 
and  laws  of  the  United  States  and  of  fifteen  States  of  the 
Union  as  property  in  slaves,  questions  upon  the  solution  of 
which  the  traditional  social  organism  and  industrial  systems 
of  fifteen  States  depended  for  their  preservation  or  destruc 
tion,  and  involving  the  social  and  relative  positions  of  two 
races  of  men,  differing  in  color,  in  physical  conformation,  and 
in  their  intellectual  capacities  and  moral  qualities;  questions 
relating  to  the  fairness  and  justice  of  the  collection  and  dis 
bursement  of  the  revenues  of  the  Federal  Government;  and 
questions  involving  the  character  and  structure  of  the  Gov 
ernment  itself,  the  solution  of  which  were  to  determine  whether 
the  Federal  Government  was  one  of  delegated  and  limited 
powers  only,  and  the  several  States  sovereign  as  to  all  reserved 
rights,  or  whether  it  was  a  paramount  controlling  sovereignty 
and  they  subordinate  on  all  questions  of  conflicting  authority — 
were  for  many  years  before  the  war  discussed  with  great  earn 
estness  and  anxiety  throughout  the  country,  in  Congress,  in 


272  MEMOIRS    BY    JOHN    H.    REAGAN 

State  conventions,  in  State  legislatures,  in  political  conven 
tions  and  meetings,  National,  State  and  local,  in  the  news 
papers,  and  in  all  the  modes  of  public  discussion. 

The  slavery  question  was  from  the  first  almost  purely  sec 
tional.  The  division  of  opinions  on  the  other  questions,  at 
first  more  National,  were  at  last  almost  as  purely  sectional. 
Thus  were  not  only  States  arrayed  against  States,  but  the 
Northern  States  in  one  body  and  the  Southern  States  in  another 
body  were  arrayed  against  each  other.  The  convictions  of 
the  people  of  these  great  sections  were  directly  antagonistic 
on  these  momentous  questions  and  were  so  strong,  and  the 
interests  involved  were  so  great,  and  the  passions  which  had 
been  elicited  were  so  intensified,  that  reason  and  conservatism 
gave  way  before  their  resistless  currents.  The  members  of 
Congress,  representing  the  interests  and  participating  in  the 
convictions  and  prejudices  of  their  respective  sections,  were 
as  far  from  agreeing  as  the  States  and  the  people.  And  if 
these  questions  could  have  been  brought  within  the  jurisdic 
tion  of  the  courts,  as  the  slavery  question  was  in  part,  in  the 
Dred  Scott  case,  enough  of  popular  sentiment  was  developed, 
with  reference  to  decisions  which  were  made,  to  show  that 
the  parties  would  not  have  held  themselves  bound  by  the  judg 
ment  even  of  the  Supreme  Court  of  the  United  States.  All 
the  efforts  of  the  conservative  men,  of  which  class  I  claim 
to  have  been  one,  failed  to  secure  an  adjustment.  There  was 
no  tribunal  having  the  necessary  jurisdiction  and  authority 
which  could  be  appealed  to  for  the  peaceful  settlement  of  the 
great  and  difficult  questions  with  which  our  people  were  con 
fronted.  And  the  dread  appeal  was  made  to  arms  as  the  last 
and  only  means  of  their  solution.  A  gigantic  war  of  four  weary 
years  ensued.  Armies  numbering  hundreds  of  thousands  on 
each  side  were  brought  into  conflict.  All  the  passions  were 
aroused  which  a  long  and  bitter  precedent  quarrel  and  a  terrible 
and  bloody  war  for  independence  on  the  one  side,  and  for 
dominion  on  the  other,  could  produce. 

The  contest  has  been  substantially  ended  by  the  success  of 
the  Federal  arms.  The  armies  of  the  Confederacy  have  been 
surrendered  or  dispersed.  The  President  and  Vice-President 
and  many  other  officers,  civil  and  military  of  the  Confederacy, 
are  captives  of  war  and  in  Federal  prisons.  And  so  are  the 
governors  and  other  officers  of  several  of  the  States.  The 
success  of  the  Federal  arms  places  both  the  questions  at  issue, 
and  the  condition  of  the  people  of  the  Southern  States  within 


APPENDIX    B  273 

the  power  and  control  of  the  Government.  And  a  line  of 
policy  must  be  adopted,  suited  to  the  changed  conditions  of  the 
country.  This  change  is  to  affect  vitally  several  millions  of 
each  of  two  races  of  people,  and  may  affect  most  seriously 
the  character  and  form  of  the  Government  of  the  United  States. 
No  one  will  understand  better  than  yourself  the  great  responsi 
bility  which  rests  on  you,  as  President  of  the  United  States, 
in  the  solution  of  the  great  questions  growing  out  of  the  close 
of  the  war  and  the  inauguration  of  the  new  conditions  of  things. 

My  object  is,  in  this  paper,  to  state  the  case  in  general 
terms,  without  argument  as  to  the  past,  and  to  submit  a  few 
suggestions  as  to  the  present  and  future.  I  do  not  forget 
that  I  am  a  prisoner  in  confinement  and  subject  to  the  power 
of  the  Government,  and  that  you  are  President  of  a  great 
and  powerful  nation,  holding  my  ultimate  destiny  in  your 
hands.  But  I  think  I  know  enough  of  you  to  warrant  me  in 
the  belief  that  you  will  hear  me  as  a  man,  pleading  the  cause 
of  humanity  and  of  our  country's  future,  and  consider  whether 
what  I  have  to  say  may  not  go  to  show  that  a  humane  and 
merciful  policy  on  the  part  of  the  Government,  in  the  disposition 
of  the  great  questions  under  consideration,  will  not  be  more 
wise,  more  just,  and  more  conducive  to  the  public  good,  for 
the  present  and  future,  than  a  harsh,  relentless,  and  vindictive 
policy. 

I  have  submitted  the  foregoing  statement  of  the  course  of 
things  which  led  to  the  war  to  show  that  it  grew  out  of  causes 
beyond  the  control  of  the  men  of  this  generation;  and  that  it 
grew  out  of  great  public  questions  of  such  magnitude  and 
character  as  have  not,  perhaps,  in  the  world's  history  been 
settled  without  an  appeal  to  arms;  and  the  whole  history  of 
the  times  shows  that  it  was  not  a  mere  rebellion  or  revolution 
gotten  up  by  ambitious  men  to  gratify  malice,  to  secure  power, 
or  to  establish  a  dynasty;  that  the  war  was  not  brought  on 
by  particular  men,  but  by  great  causes  which  involved  all 
the  people  alike,  and  that  it  was  intended  only  to  separate  the 
States  concerned  from  a  government  supposed  to  be  hostile 
to  them,  and  to  establish  for  them  a  government  friendly  to 
their  interests. 

The  avowed  object  of  the  Government  and  people  of  the 
United  States  was  to  preserve  the  Union.  To  this  end  they 
took  the  ground  that  it  was  necessary  to  abolish  negro  slav 
ery;  and  it  now  seems  to  be  regarded,  at  least  by  many  of 
the  newspapers  of  the  North,  as  equally  important  to  insist 


274  MEMOIRS    BY    JOHN    H.    REAGAN 

on  the  repudiation  of  the  doctrine  of  States'  Rights  and  strict 
construction,  as  understood  by  a  great  political  party  which 
has  been  in  the  ascendency  in  power  and  controlled  the  admin 
istration  of  the  country  for  much  the  greater  part  of  its 
existence. 

Will  it  be  wise  or  just  to  add  to  these  great  changes,  and 
to  the  calamities  which  have  resulted  from  the  war,  and  to 
those  which  must  follow  these  changes,  executions,  exile, 
imprisonments,  disfranchisement  and  the  confiscation  of  the 
property  of  the  defeated  party,  or  of  those  who  were  prom 
inent  among  them?  Would  this  be  restoring  the  Union? 
Would  it  be  securing  the  affections  and  cheerful  loyalty  of 
those  who  would  be  expected  to  form  a  part  of  the  Union? 
Has  not  blood  enough  flowed  ?  Have  not  their  losses  of  prop 
erty  been  great  enough?  Has  not  the  loss  of  their  indepen 
dence,  and  with  it  their  ideas  of  the  true  principles  of  gov 
ernment,  and  of  their  social  and  industrial  systems,  in  addi 
tion  to  their  utter  impoverishment  by  the  waste  and  ravages 
of  war,  and  the  loss  of  so  many  thousands  of  their  bravest 
and  best  men,  been  punishment  enough?  Is  there  not  misery 
and  sorrow  enough  in  the  land?  Would  not  new  calamities, 
additional  suffering  and  sorrows,  impress  the  living  with  a 
feeling  of  hopeless  despair  of  ever  securing  the  friendly  and 
paternal  care  and  protection  of  their  government,  and  cause 
them  to  feel  that  they  were  the  objects  of  hate,  persecution 
and  wrong?  And  would  any  people  so  feeling  be  likely  to 
become  happy  and  contented,  and  to  make  good  and  faithful 
citizens? 

On  the  contrary,  suppose  the  people  who  have  adhered  to  the 
Union  and  been  victorious  in  the  contest,  should  consent  to 
accept  the  existing  condition  of  things,  as  those  who  opposed 
it  are  compelled  to  do,  and  .should  say  through  their  govern 
ment,  that  this  contest  which  cost  us  so  much  blood  and  treasure 
is  over,  the  Union  only  awaits  the  formal  acts  of  the  several 
States  to  be  restored;  you  have  failed  to  achieve  your  inde 
pendence,  your  social  and  industrial  systems  must  give  way ; 
in  this  you  must  suffer  much,  we  too  have  lost  much,  but  we 
hope  to  be  bettered  by  a  unity  of  institutions,  of  sentiment, 
and  interests  in  the  future.  To  this  end  we  propose  to  start 
together  and  in  fairness  and  good  faith  to  inaugurate  and 
carry  out  the  new  order  of  things.  We  wish  to  maintain  our 
republican  form  of  government  as  the  best  for  the  prosperity 
of  all,  and  to  secure  the  happiness  and  contentment  of  the 


APPENDIX    B  275 

country.  We  know  these  blessings  are  only  attainable  under 
a  government  which  commands  the  affections  and  rests  on 
the  confidence  of  the  people.  To  this  end  and  for  these  pur 
poses,  we  propose  amnesty  for  the  past,  the  repeal  of  our  con 
fiscation  laws,  a  burial  of  the  bitter  memories  of  the  past,  and 
that  you  shall  have  the  same  constitutional  and  legal  protection 
as  ourselves. 

In  my  judgment,  if  this  were  done,  great  as  the  sacrifice 
involved  would  be,  it  would  be  at  once  accepted  in  good  faith 
by  the  whole  South,  rather  than  continue  a  hopeless  war  or 
be  subject  to  military  rule.  It  is  the  surest,  the  quickest,  and 
the  cheapest  way  to  the  permanent  pacification  of  the  whole 
country,  and  to  its  happiness  and  prosperity.  The  adoption 
of  this  policy  could  not  fail  to  exalt  your  name  and  fame  to  the 
highest  point  as  a  statesman  and  philanthropist.  And  I  respect 
fully  submit  for  your  consideration  whether  it  is  not  the  only 
mode  of  attaining  these  beneficent  ends. 

I  know  that  by  executions,  by  exiling,  by  imprisonment,  by 
disfranchising,  and  by  confiscating  the  property  of  those  who 
sustained  the  Confederacy,  the  Government  can,  by  the  employ 
ment  of  sufficient  military  force,  maintain  its  authority  and 
continue  a  paralyzing  and  blighting  reign  of  terror  over  the 
people  of  the  Southern  States,  and  can  execute  the  most  bloody 
and  relentless  policy.  But  such  a  policy  would  make  an  impov 
erished,  miserable,  and  degraded  people  of  them.  It  would 
deprive  the  Government  of  their  affections  and  respect.  It 
would  prevent  domestic  trade  and  intercourse  among  the  sec 
tions.  It  would  fill  the  country  with  banditti  and  outlaws, 
and  keep  the  people  always  on  the  lookout  for  some  foreign 
complications  or  other  occasions  for  a  fresh  revolt.  The 
national  burdens  would  be  greatly  increased  by  the  continual 
necessity  of  a  large  standing  army,  while  the  energies  of  the 
Southern  States  would  be  so  paralyzed,  and  its  resources  so 
thoroughly  dried  up,  that  it  would  add  but  little,  if  any,  to 
the  national  wealth  and  revenues.  And  such  a  policy  would 
of  necessity  require  a  sort  of  military  government  and  authority 
wholly  incompatible  with  our  system  of  free  republican  gov 
ernment.  I  earnestly  beg  your  Excellency's  attention  to  this 
view  of  the  subject,  and  to  the  reflection  that  governments 
can  no  more  disregard  just  and  wise  principles  without  sooner 
or  later  having  to  atone  for  the  error  in  suffering  and  sorrow, 
than  physical  bodies  can  disregard  the  laws  of  nature  and  avoid 
the  inevitable  consequences. 


276  MEMOIRS    BY    JOHN    H.    REAGAN 

The  friends  of  the  Union  claim  to  have  been  animated  in 
this  struggle  by  a  desire  for  human  progress,  for  the  enlarge 
ment  of  the  field  of  freedom  and  happiness.  Would  this  be 
attained  by  the  enfranchisement  of  three  or  four  millions  of 
blacks,  whose  capacity  for  self-government  has  yet  to  be  tested, 
and  by  the  disfranchisement  of  double  the  number  of  whites, 
who  have  proven  themselves  capable  of  self-government,  or  by 
the  adoption  of  a  policy  equivalent  to  their  disfranchisement? 
Would  it  promote  progress,  enlarge  the  field  of  their  happi 
ness,  or  redound  to  the  power  and  glory  of  the  Government,  to 
make  an  Ireland,  or  a  Poland,  or  a  Hungary  of  the  South? 

The  question  may  be  asked,  who  caused  all  these  misfor 
tunes?  And  it  may  be  said  that  upon  the  answer  to  this 
depends  the  answer  to  the  other,  as  to  whether  additional  suf 
fering  is  to  be  produced  by  the  infliction  of  punishments.  This 
question  is  substantially  answered  by  the  statement  of  the 
causes  of  our  trouble  in  the  first  part  of  this  paper.  But  I 
may  say  in  addition,  and  appeal  to  your  long  and  distinguished 
participation  in  the  political  councils  of  the  country,  -and  also 
to  the  record  of  the  proceedings  and  debates  of  Congress,  and 
to  the  history  of  the  action  of  the  legislatures  and  of  the 
people,  of  many  of  the  Northern  States,  for  the  truth  of  what 
I  say,  that  the  slavery  agitation,  which  was  the  real  cause  of 
this  war,  originated  in  the  North,  where  slavery  did  not  exist, 
and  not  with  the  people  of  the  South.  That  the  people  of 
the  South  were  not  permitted  to  live  in  peace  in  the  Union, 
and  were  involved  in  this  war  by  seeking  to  go  out  of  it  as 
a  means  of  avoiding  the  quarrel.  And  I  appeal  to  the  Con 
stitution  of  the  United  States,  the  paramount  law  of  the  land, 
and  the  solemn  compact  of  Union  between  the  several  States 
to  show  that  slavery  was  recognized  by  it,  and  that  no  citizen 
or  State  had  a  right  to  assail  or  to  attempt  to  bring  into  dis 
repute  any  other  citizens  or  States  because  of  the  possession 
of  slaves  by  the  one  or  of  their  existence  in  the  other.  That 
to  do  so  was  to  violate  the  meaning  and  intention  of  this  sol 
emn  compact  of  Union,  which  must  have  been  binding  on 
both  sides  or  neither.  I  appeal  to  these  facts  as  to  who  were 
the  first  unlawful  aggressors ;  and  I  appeal  to  the  history  of 
the  country  to  show  that,  at  the  date  of  the  Declaration  of 
Independence  of  the  United  States,  in  1776,  the  thirteen  colo 
nies  which  united  in  that  declaration  were  all  slave-holding 
colonies;  and  that  at  the  date  of  the  formation  of  the  Con 
stitution  of  the  United  States,  in  1787,  twelve  of  the  then 


APPENDIX    B  277 

thirteen  States  were  slave-holding  States ;  and  to  the  Consti 
tution  again  to  show  that  by  its  provisions  it  not  only  recog 
nized  slavery  but  provided  for  the  continuance  of  the  foreign 
slave  trade  for  twenty  years  after  its  adoption.  And  I  here 
present  these  facts  not  only  to  show  the  wrongfulness  of  this 
quarrel,  and  that  the  people  now  called  rebels  did  not  begin 
and  could  not  stop  it,  and  were  therefore  not  responsible  for 
it  or  for  consequences  which  flowed  from  it,  but  also  to  show 
that  those  who  originated  it  and  are  responsible  before  God 
and  the  world  for  its  consequences,  made  themselves  so  in 
defiance  of  the  Constitution  and  laws  of  the  land,  in  defiance 
of  the  past  history  of  the  country,  and  in  disregard  of  what 
their  own  fathers  had  done  and  practiced  and  solemnly  agreed  to. 

This  will  show  to  your  Excellency  and  to  an  impartial  world, 
that  the  people  now  called  rebels,  whose  weakness  rendered 
them  almost  helpless,  have  been  forced  by  a  hard,  unavoid 
able  and  inevitable  destiny,  by  the  inexorable  logic  of  events, 
which  they  could  not  control,  into  their  present  position,  and 
frees  them  from  moral  guilt  at  least,  and  gives  them  rightful 
reason  to  appeal  both  to  the  clemency  and  to  the  magnanimity 
of  the  Government,  and  to  you  as  its  head  for  generosity  and 
for  a  tender  regard  for  their  situation. 

I  do  not  wish  to  be  understood  as  saying  or  intimating  that 
all  those  who  have  sustained  the  Union  were  concerned  in 
this  precedent  and  unlawful  agitation,  and  are  therefore 
responsible  for  the  war.  Far  from  it.  I  know  that  thousands 
North  and  South  adhered  to  the  Union,  as  a  paramount  good, 
and  because  they  did  not  believe  secession  to  be  a  lawful  remedy 
for  these  evils,  who  had  no  connection  or  sympathy  with  these 
agitators,  and  no  desire  to  wrong  the  South.  And  I  recog 
nize  your  Excellency  to  be  one  of  this  number.  I  do  not  pre 
sent  these  views  for  the  purpose  of  crimination.  I  pray  God 
for  an  end  of  that.  But  because  it  is  indispensable  in  a  just 
explanation  of  our  position. 

In  this  connection,  and  to  show  that  the  sense  of  wrong 
growing  out  of  this  agitation  was  not  confined  to  the  South, 
it  is  proper  to  say  that  many  leading  Northern  men,  in  and 
out  of  Congress,  sustained  the  Southern  and  denounced  the 
Northern  view  of  it,  and  that,  for  a  long  time,  the  Southern 
view  was  sustained  in  many,  and  sometimes  in  most  of  the 
Northern  States.  The  proceedings  and  debates  of  Congress, 
the  messages  of  governors,  proceedings  of  legislative  bodies, 
and  of  political  conventions  and  meetings,  and  the  files  of 


278  MEMOIRS    BY    JOHN    H.    REAGAN 

newspapers  of  the  times  will  fully  attest  this,  as  will  also  your 
own  memory.  And  it  goes  very  far  to  show  that  men  are  not 
guilty  of  crimes  when  they  act  on  the  principles  and  follow 
the  advice  of  those  against  whom  their  conduct  is  now  said  to 
offend.  And  this,  I  submit,  should  be  considered  in  determin 
ing  the  question  of  guilt  or  innocence,  either  moral  or  legal. 

Another  question  which  has  most  material  bearing  on  the 
question  as  to  the  legal  guilt  or  innocence  of  those  who  opposed 
the  Government,  and  which  may  become  decisive  of  it,  grows 
out  of  the  character  and  form  of  the  Government  of  the  United 
States.  This  involves  the  question  as  to  the  ultimate  right 
of  a  State,  in  the  exercise  of  its  own  sovereignty,  to  sever 
its  connection  with  the  Union,  and  resume  its  position  as  a 
sovereign  power.  If  this  right  exists,  then  the  citizens  of 
such  States  as  legally  passed  ordinances  of  secession  owed 
their  allegiance  to  their  several  States,  and  were  thereby 
absolved  from  their  obligations  to  the  Government  of  the  United 
States,  and  were  bound  to  take  sides  with  their  own  States, 
or  with  the  new  Confederacy  formed  by  them,  in  any  war  which 
they  or  it  might  become  involved  with  that  Government,  and 
would  not  be  guilty  of  treason  or  rebellion  toward  it.  If  this 
right  does  not  exist,  then  the  ordinances  of  secession  of  the 
several  States  were  but  legal  nullities,  and  did  not  absolve  the 
citizens  from  their  allegiance  and  duty  to  the  United  States, 
and  would  leave  such  of  them  as  engaged  in  war  with  that 
Government  guilty  of  legal  treason,  and  liable  to  the  penalties 
for  that  crime. 

I  know  your  Excellency's  fixed  opinions  on  this  subject, 
and  therefore  do  not  state  the  question  and  will  not  discuss  it 
with  a  view  to  ask  a  review  or  change  of  them.  I  am  appeal 
ing  to  your  clemency  for  the  adoption  of  the  most  humane 
and  merciful,  and,  as  I  hope  you  may  conclude,  the  most  wise 
and  just  mode  of  closing  this  sad  and  bloody  tragedy,  on  your 
own  view  of  the  law,  and  am  not  asking  for  a  legal  decision. 
The  view  I  have  to  present  on  this  subject,  therefore,  is  intended 
to  show  that,  if  those  in  whose  behalf  I  address  you  are  legally 
guilty,  the  facts  and  reasons  are  such  as  to  show  the  absence 
of  moral  guilt,  and  therefore  to  entitle  them  to  your  merciful 
consideration.  We  assume  that  the  States  are  older  than  the 
Union.  That  they  were  separate  sovereignties  when,  for  their 
common  good,  they  formed  the  Union.  That  the  Constitution 
was  the  compact  of  union,  to  which  the  people  and  the  States 
were  parties.  That  it  was  a  voluntary  compact,  entered  into 


APPENDIX    B  279 

for  the  particular  purposes  specified  in  it.  That  all  the  powers 
not  specifically  delegated  were  reserved  to  the  States  respec 
tively,  or  to  the  people.  That  the  States  were  sovereign  as 
to  all  the  rights  and  powers  not  granted  to  the  United  States. 
That  in  the  formation  of  the  Federal  Government  the  distinc 
tion  was  observed  between  a  voluntary  compact,  depending  on 
the  will  and  consent  of  the  parties  to  it,  and  a  Government 
of  force  having  unlimited  power  and  authority.  That  no 
power  was  given  the  Federal  Government  to  coerce  a  State  by 
force  and  power,  or  to  use  the  military  and  naval  forces  for 
such  a  purpose.  That  this  was  not  only  negatived  by  the 
absence  of  delegated  authority,  and  by  the  terms  and  spirit  of 
the  Constitution,  but  by  the  rejection  of  a  proposition,  made 
in  the  convention  which  formed  the  Constitution,  to  give  such 
power.  And  that  the  cases  of  usurpation  of  or  encroachment 
upon  the  reserved  right  of  a  State  might  arise,  for  which  no 
other  remedy  was  provided,  and  that  in  such  cases  it  must  be 
the  ultimate  judge  of  its  rights  and  remedies,  and  act  on  its 
own  responsibility.  This  much  as  to  the  right. 

Then  as  to  its  application.  We  believed  that  the  States  were 
sovereign  as  to  their  right  to  control  and  regulate  their  own 
domestic  institutions.  That  no  power  was  given  to  the  Federal 
Government  to  interfere  with  the  domestic  institutions  of  a 
State,  or  to  one  or  more  States  to  interfere  with  the  domestic 
institutions  of  another  State.  That  as  to  the  several  States, 
slavery  was  a  domestic  institution,  each  having  the  right  and 
power  to  determine  for  itself  whether  it  should  or  should  not 
exist  in  it.  That  the  Constitution  of  the  United  States  pro 
vided  that  Congress  should  pass  laws  providing  for  the  recap 
ture  and  rendition  of  fugitive  slaves  escaping  from  one  State 
to  another.  That  Congress  had  passed  laws  for  this  purpose. 
That  some  of  the  legislatures  of  the  free  States  had  passed 
laws  nullifying  the  laws  passed  by  Congress  requiring  the  ren 
dition  of  fugitive  slaves,  and  imposing  penalties  on  those  who 
should  attempt,  within  their  territory,  to  execute  the  laws  of 
Congress  on  this  subject.  That  a  great  political  party  had 
been  organized  in  the  free  States  on  the  basis  of  opposition 
to  slavery,  which  did  not  exist  in  those  States  and  with  which 
they  had  no  right  to  interfere  where  it  did  exist.  That  this 
party  had  succeeded  in  securing  the  control  of  the  popular 
branch  of  Congress,  and  in  electing  a  President  and  Vice- 
President  on  issues  purely  sectional  and  hostile  to  the  Southern 
States,  preparatory  to  the  overthrow  of  the  Constitution  and 


280  MEMOIRS    BY    JOHN    H.    REAGAN 

the  destruction  of  their  rights.  Civil  war  had  ensued  in  Kansas 
Territory  on  the  slavery  question.  That  John  Brown's  raid 
had  been  made  into  the  State  of  Virginia,  and  his  failure  and 
death  caused  the  tolling  of  bells  in  the  Northern  cities,  the 
draping  of  Northern  churches  in  mourning,  and  showed  that 
his  wanton  and  unprovoked  attempt  to  inaugurate  civil  and 
servile  war  in  the  South  had  very  largely  the  approval  of 
Northern  public  sentiment.  And  a  secret  and  anti-slavery 
society  of  Northern  origin,  called  the  "Mystic  Red,"  had  planned 
extensive  arson,  the  murder  of  whites,  and  for  the  running 
oft  of  large  numbers  of  the  slaves  in  the  State  of  Texas,  and 
which  was  so  far  executed  as  to  burn  a  number  of  towns,  vil 
lages  and  smaller  establishments,  including  county-seats.  That 
against  this  war  of  aggression  there  was  no  remedy  in  the 
Union,  and  that  their  only  safety  was  in  withdrawing  from  it 
and  forming  a  new  government  friendly  to  their  rights  and 
institutions,  and  thus  removing  all  pretense  that  the  abolition 
ists  were  responsible  for  slavery  because  it  existed  in  the  gov 
ernment  in  which  they  lived. 

To  these  is  to  be  added  the  fears  which  the  people  of  the 
South  entertained  of  the  usurpation  and  consolidation  of  unwar 
ranted  powers  in  the  hands  of  the  Federal  Government,  to  enable 
those  of  the  North  to  control  the  slavery  question  in  the  States, 
secure  protection  to  their  own  peculiar  commercial,  maritime, 
and  industrial  interests,  at  the  expense  of  the  South,  and  so 
indirectly  to  impose  undue  burdens,  for  the  support  of  the 
Government,  on  the  Southern  people. 

These  convictions  were  very  general  and  so  thorough  as  to 
cause  them  to  act  upon  their  belief  in  the  right  of  secession 
and  to  adopt  it  as  the  last  and  only  remedy  left  for  their  security. 

Whether  this  doctrine  be  sound  or  not,  the  universality  of 
the  belief  in  it  then  gave  the  moral  quality  of  good  faith  to 
their  action  on  it,  and  furnished  the  strongest  ground  for  miti 
gating  their  offense  if  they  were  in  error.  And  it  is  of  the 
greatest  consequence  to  them  that  this  is  not  a  new  doctrine, 
but  it  is  as  old  as  the  Constitution  and  was  specially  promul 
gated  in  the  Kentucky  resolutions  of  1/98,  which  were  drawn 
up  by  Mr.  Jefferson,  and  in  the  Virginia  resolutions  of  1799, 
drawn  up  by  Mr.  Madison,  and  sustained  by  his  great  report 
to  the  Virginia  legislature.  Mr.  Jefferson  was  elected  Presi 
dent  of  the  United  States  at  the  next  election  after  the  pas 
sage  of  these  resolutions,  and  was  reelected  a  second  term, 
and  Mr.  Madison  succeeded  him  for  two  terms,  the  two  fill- 


APPENDIX    B  281 

ing  the  highest  office  in  the  Government,  by  the  choice  of  the 
people,  for  sixteen  successive  years  after  the  adoption  of  these 
resolutions.  And  to  this  may  be  added  that  many  State  legis 
latures  from  that  time  forward  to  the  present,  running  through 
all  the  history  of  the  Government,  have  adopted  similar  reso 
lutions  and  affirmed  these;  that  many  State  political  conven 
tions  of  the  Democratic  party  adopted  and  affirmed  these  reso 
lutions  from  year  to  year,  and  that  the  same  was  done  by  the 
National  Democratic  conventions,  for  the  nominations  of  can 
didates  for  President  and  Vice-President,  in  the  years  1852, 
1856  and  1860,  in  two  of  which  years  the  American  people 
endorsed  their  doctrines  by  electing  their  nominees. 

Can  it  be  a  crime  for  men  to  believe  a  doctrine  so  old,  so 
promulgated  and  accepted  and  believed  by  men  of  such  ability 
and  character,  and  by  such  numbers  of  men  for  three-quarters 
of  a  century?  God  forbid!  Shall  men  be  imprisoned,  or 
exiled,  or  hanged,  or  have  their  property  confiscated,  or  be 
disfranchised  for  believing  political  doctrines  and  acting  on 
them,  which  have  been  the  basis  of  the  creed  of  the  Demo 
cratic  party  during  its  whole  existence,  and  the  profession  of 
which  was  the  test  of  political  orthodoxy?  I  do  not  mean 
to  say  that  all  of  this  party  were  secessionists  or  believed  in 
the  rights  of  secession ;  but  I  do  mean  to  say  that  the  advocacy 
of  the  doctrine  of  States'  Rights  and  strict  construction  was 
its  chief  and  distinguished  merit,  and  gave  it  what  power  and 
influence  it  had  with  the  American  people.  And  that  the  Ken 
tucky  and  Virginia  resolutions  and  Mr.  Madison's  report  have 
always  been  the  standard  by  which  this  doctrine  has  been 
tested,  and  that  these  maintained  the  ultimate  right  of  a  State, 
in  the  case  of  unwarranted  usurpation  or  aggression  on  its 
reserved  rights,  to  be  the  judge  of  its  rights  and  of  the  remedies 
to  be  applied,  and  that  it  was  not  bound  in  such  cases  by  the 
authority  of  the  Federal  Government,  but  to  be  resorted  to 
only  when  there  was  no  other  remedy. 

I  repeat  that  I  am  not  now  discussing  the  value  or  legality 
of  this  doctrine,  but  only  endeavoring  to  show  that  men  might 
have  believed  in  it,  and  acted  on  it,  in  all  honesty  and  good 
faith,  without  being  morally  guilty  of  crime.  For  myself,  I 
declare  this  to  have  been  true.  I  believed  in  this  doctrine 
when  I  was  a  decided  Union  man  and  was  engaged  earnestly 
in  combating  sectionalism  in  the  South  as  well  as  sectionalism 
in  the  North,  as  may  be  fully  shown  by  my  speeches  in  Con 
gress  and  by  my  course  before  the  people,  and  as  you  may  see 


282  MEMOIRS    BY   JOHN    H.    REAGAN 

by  my  circular  to  my  constituents  in  the  spring  of  1859,  which 
was  published  in  the  National  Intelligencer  of  Washington 
City  at  that  time.  I  mention  this  that  you  may  know  that  if 
1  am  wrong  in  this  doctrine  I  was  so  before  being  involved 
in  these  troubles  and  without  any  reference  to  them.  I  see 
that  the  question  is  being  discussed  in  the  public  prints  as 
to  whether  it  is  not  necessary  for  the  Government,  in  the  vin 
dication  of  its  principles  and  policy,  and  to  strike  such  terror 
as  to  prevent  any  further  rebellion  against  its  authority,  to 
impose  extreme  or  at  least  great  penalties  on  such  persons 
of  prominence  in  the  cause  of  the  Confederacy  as  may  be 
tried  and  convicted.  If  the  restoration  of  the  authority  of  the 
Government,  and  the  pacification  and  permanent  peace  of  the 
country  could  not  be  secured  without  the  infliction  of  these 
calamities,  then  such  a  policy  might  be  necessary  and  proper, 
without  inquiry  as  to  whether  the  person  to  be  so  punished 
were  more  guilty  according  to  the  views  of  the  Government 
than  the  general  mass  of  those  who  took  that  side  in  the  strug 
gle.  If,  on  the  other  hand,  the  authority  of  the  Government 
can  be  restored,  and  the  pacification  and  permanent  repose  of 
the  country  secured,  without  the  infliction  of  such  penalties, 
then  their  infliction  could  only  gratify  the  bad  passions  of  ven 
geance  and  hate,  and  would  be  unnecessary  and  wanton  cruelty. 
I  need  hardly  say  to  one  of  your  wisdom  and  experience  that 
good  policy  and  sound  statesmanship  always  rest  on  reason 
and  justice  as  their  foundation,  never  on  passion  or  revenge. 
I  am  not  unmindful  of  the  many  causes  which  exist  calculated 
to  stifle  the  former  and  to  excite  the  latter.  But  as  the  roar 
of  battle  dies  away,  and  as  the  anguish  and  sufferings  of  the 
conflict  become  softened  by  the  healing  balm  of  peace  and 
time,  these  passions  will  subside.  And  yourself  and  the  emi 
nent  men  associated  with  you,  remembering  the  high  authority 
with  which  you  are  clothed  and  the  incalculable  amount  of 
happiness  or  of  misery  which  must  of  necessity  flow,  for  many 
years  to  come,  from  the  line  of  policy  you  may  adopt,  will  no 
doubt  consider  well  which  of  these  will  control  your  policy, 
and  guard  against  error  on  principles  so  vitally  important. 

Such  punishments  could  only  be  inflicted,  in  cases  like  the 
present,  for  two  reasons — the  one  to  confine  or  put  out  of  the 
way  a  person  or  persons  supposed  to  be  dangerous  to  the  repose 
of  the  country,  the  other  to  exert  a  restraining  influence  over 
the  conduct  of  others. 


APPENDIX    B  283 

Are  either  of  these  now  necessary?  To  this  I  have  to  say 
that  as  the  armed  power  of  the  Confederacy  has  ceased  to 
exist,  as  its  civil  government  is  overthrown,  and  as  all  the  hope 
of  its  people  for  separate  national  existence  is  at  an  end,  there 
is  no  further  inducement  for  a  continuance  of  resistance  to  the 
authority  of  the  Government,  if  the  people  are  allowed  the 
protection  of  the  Constitution  and  the  laws  and  the  enjoyment 
of  their  rights.  I  believe,  now,  the  appeal  to  arms  having  been 
decided  against  them,  that  no  further  punishment  or  force  is 
necessary  to  induce  their  return  to  their  allegiance  to  the 
Government.  The  passing  current  of  events  attests  the  truth 
of  this,  as  to  those  who  are  free  from  arrest,  in  what  are  called 
the  rebellious  States.  And  the  Government  has  the  power  of 
testing  the  disposition  of  those  in  prison. 

Again,  on  the  first  point,  as  to  any  necessity  for  the  con 
finement,  exile,  or  execution  of  any  of  those  lately  resisting 
the  Government  because  of  their  being  supposed  to  be  dan 
gerous  to  the  repose  of  the  country,  I  would  say  that  every 
reasonable  apprehension  on  this  subject  has  passed  away.  An 
organized  political  power  which  could  be  employed  against 
the  Government  has  ceased  to  exist.  An  army  which  might 
be  employed  against  it  does  not  exist.  The  people  are  weary 
of  war  and  completely  exhausted  of  the  means  of  carrying 
on  a  war.  They  have  no  arms,  no  ammunition,  no  ordnance, 
no  ordnance  stores,  since  the  late  surrender,  and  no  means  of 
obtaining  either.  They  have  neither  quartermaster  or  commis 
sary  stores,  nor  the  means  of  obtaining  them.  They  have  no 
money  nor  the  means  of  raising  it.  They  have  despaired  of 
the  achievement  of  their  independence,  and  desire  peace  that 
they  may  attend  to  the  wants  of  their  suffering  families.  Under 
such  circumstances,  what  officer  or  citizen  could  be  considered 
dangerous  to  the  peace  of  the  country,  or  what  means  could 
he  control  to  make  him  so  ? 

On  the  second  point,  as  to  the  punishment  of  prominent 
actors  in  the  war  for  the  sake  of  the  restraining  influence  it 
might  have  on  others  in  future,  I  would  say  that,  in  the  strug 
gle  for  the  establishment  of  a  particular  house,  or  dynasty,  or 
for  the  maintenance  of  a  throne,  or  in  support  of  a  usurper, 
relying  on  his  own  powers  and  influence,  and  unsupported  by 
the  precedent  political  organization  or  the  constitutional  author 
ity  of  those  who  were  his  followers,  and  when  the  main  induce 
ment  was  to  sustain  the  particular  man,  or  family,  or  repre 
sentative  of  the  crown,  or  to  sustain  a  particular  person  in  a 


284  MEMOIRS   BY   JOHN    H.    REAGAN 

usurpation  not  warranted  by  a  precedent  organic  or  constitu 
tional  act  of  the  people  he  led,  then  the  removal  of  such  a 
leader  might  put  an  end  to  the  cause  of  the  war,  and  might 
justify,  on  grounds  of  policy,  his  execution,  or  exile,  or  impris 
onment.  But  where  a  whole  people  unite  themselves  together, 
by  what  they  believe  to  be  constitutional  acts  of  a  political 
organization,  for  the  maintenance  of  their  supposed  rights,  and 
for  the  establishment  of  a  government  for  their  common  bene 
fit,  having  no  reference  to  the  promotion  of  the  rank  or  for 
tunes  of  any  particular  person  or  persons,  and  in  the  course 
of  their  proceedings  elect  officers  from  among  themselves,  if 
the  enterprise  be  criminal,  or  if  the  cause  fail  and  place  them 
in  the  power  of  their  adversary,  then  the  guilt,  or  the  conse 
quences  of  failure,  as  the  case  may  be,  attaches  alike  to  all, 
and  there  can  be  no  just  reason  for  selecting  one  in  preference 
to  another  as  an  example  or  to  bear  the  penalties  of  all.  I 
have  endeavored  to  show,  in  previous  paragraphs,  that  there 
was  no  necessity  for  the  selection  of  victims  for  punishment  at 
all,  in  order  to  restore  peace  and  secure  the  happiness  of  the 
country. 

The  fate  and  the  future  of  a  whole  people  and  vast  country 
are  now  in  the  hands  of  the  Government  of  which  you  are  the 
head.  The  consequences  which  must  follow  whatever  line  of 
policy  may  be  adopted  will  not  stop  with  them,  but  must  extend 
to  the  whole  Union,  and  must  be  felt  by  all,  for  good  or  for 
evil,  for  years,  perhaps  for  ages,  after  the  passions  which 
have  been  engendered  by  the  contest  shall  have  ceased  to  exist. 

In  conclusion  may  I  ask  your  Excellency  to  consider: 

ist.  Whether  the  people  of  the  States  lately  resisting  the 
authority  of  the  Government  are  not  ready  and  willing  to 
renew  their  allegiance  to  it,  in  good  faith,  without  any  neces 
sity  for  increasing  the  sorrow  and  sufferings  of  the  country 
by  the  employment  of  a  harsh  vindictive  policy? 

2d.  Whether  it  is  not  better  to  extend  amnesty  to  all,  on 
their  agreeing  to  do  so  ? 

3d.  Whether  by  doing  so  you  will  not  sooner  and  more  per 
fectly  secure  the  pacification  of  the  country  and  the  fraterni 
zation  of  the  people  than  in  any  other  mode,  and  start  all  again 
on  the  high  road  to  individual  prosperity  and  happiness  and 
to  national  glory  and  honor;  and  in  doing  so  secure  yourself 
the  consciousness  of  being  a  great  public  benefactor,  and  achieve 
a  victory  greater  than  was  ever  won  by  arms,  by  securing  the 
triumph  of  reason  over  passion,  substituting  peace  for  war, 


APPENDIX    B  285 

restoring  to  the  country  friendship  instead  of  hatred,  repose 
and  happiness  for  the  strife  and  sorrow  which  now  covers  the 
land,  and  so  entitle  yourself  to  all  the  gratitude  and  honors  your 
country  can  bestow. 

I  hope  the  gravity  of  the  question  herein  discussed  and  my 
own  situation  will  sufficiently  assure  you  that  I  would  not 
lightly  run  the  risk  of  offending  your  sense  of  propriety,  or 
of  being  thought  presumptuous  in  sending  you  this  communica 
tion.  I  have  been  induced  to  do  so  by  the  hope  that  I  might 
be  able  to  present  some  views  which  would  promote  the  public 
good,  aid  in  restoring  peace  and  order,  and  soften  the  suffer 
ings  of  my  unfortunate  countrymen,  and  especially  of  such  as 
are  in  prison  and  peril  as  I  am. 

Begging  your  pardon  for  anything  which  may  seem  obtru 
sive  or  amiss  in  what  I  have  said,  and  praying  that  you  may 
be  guided  by  Divine  wisdom  in  your  action,  I  am, 
Your  Excellency's  obedient  servant, 

JOHN  H.  REAGAN. 

To  be  able  to  understand  why  such  a  letter  as  this  one  to 
the  President,  and  the  one  to  Secretary  of  State  Seward  were 
written,  it  would  be  necessary  for  the  reader  to  call  to  mind 
the  extraordinary  condition  of  the  country  at  that  time;  and 
especially  the  condition  of  the  Southern  States,  and  their  people. 
The  people  of  eleven  great  States,  and  the  greater  part  of  the 
people  of  four  others  having  the  heel  of  oppression  on  their 
necks,  it  became  the  sacred  duty  of  all  those  who  could  speak  to 
do  whatever  they  could  to  ameliorate  those  conditions,  and: 
to  influence  the  abatement  of  the  passions  of  war,  and  the 
adoption  of  the  policies  of  peace.  And  on  that  view  of  the 
subject  I  acted  in  my  Fort  Warren  letter,  to  the  people  of 
Texas,  which  follows  this.  It  can  now  be  seen  whether  the 
course  I  adopted,  in  the  hour  of  painful  trial,  was  wise  and 
patriotic  or  not. 


APPENDIX  C 

While  still  in  prison,  on  the  nth  of  August,  1865,  I  wrote 
the  following,  popularly  known  as  my  Fort  Warren  letter. 
I  had  as  a  member  of  Congress,  for  four  years  preceding  the 
war,  participated  in  the  discussion  of  the  issues  which  led  to 
it,  and  my  connection  with  the  Confederate  Government  enabled 
me  to  realize  the  condition  in  which  the  war  left  us.  My  hope 
was  that  by  sending  this  letter  to  the  people  of  Texas  it  might 
influence  them  to  adopt  a  course  which  would  save  them  from 
military  government  and  from  universal  negro  suffrage. 

IN  PRISON,  FORT  WARREN, 

BOSTON  HARBOR,  August  n,  1865. 
To  THE  PEOPLE  OF  TEXAS  : 

The  condition  of  the  country  is  such  as  to  awaken  the  anxious 
solicitude  of  every  citizen.  Portions  of  you  have  honored  me 
with  your  confidence  on  many  occasions.  I  have  tried  to  repay 
that  confidence  by  sincere  efforts  for  your  good,  and  by  faith 
ful  service.  Though  now  a  prisoner,  in  solitary  confinement, 
and  far  from  you,  without  knowing  when,  if  ever,  I  shall  be 
permitted  to  mingle  with  you  again,  and  my  children  and 
relatives  and  friends  among  you,  my  anxiety  for  their  and 
your  welfare  induces  me  to  ask  the  permission  of  the  Govern 
ment  to  send  you  this  communication.  I  have  tried  to  form 
a  correct  estimate  of  the  condition  of  affairs,  and  send  you 
the  result  of  my  reflections.  The  times  demand  the  exercise 
of  thought  and  reason,  and  the  free  expression  of  opinions. 
I  hope  mine  may  be  the  least  suggestive.  As  our  condition 
forces  unwelcome  thoughts  and  actions  on  us,  and  as,  in  my 
judgment,  your  best  interests  require  you  to  assent  to  facts  and 
conclusions,  and  to  adopt  measures,  conforming  to  the  new 
order  of  things,  which  must  be  repugnant  to  your  past  experi 
ence  and  to  your  reason  and  prejudices,  I  take  the  liberty  of 
suggesting  to  you  frankly  that  line  of  action  which  seems  to 
me  best  calculated  to  promote  your  welfare.  I  need  not  assure 


APPENDIX    C  287 

you  of  my  sympathy  with  you,  and  I  trust  I  need  not  doubt 
your  confidence  that  I  would  advise  you  to  no  course  which 
I  did  not  think  best  for  you. 

I  see  that  General  Hamilton,  who  has  been  appointed  Pro 
visional  Governor  by  the  President,  has  entered  on  the  dis 
charge  of  his  duties.  He  will  have  advised  you  of  the  policy 
of  the  Government,  and  of  what  will  be  expected  of  you,  and 
will  no  doubt  call  a  convention  to  organize  the  State  govern 
ment,  as  is  being  done  in  other  States  similarly  situated. 

Your  condition  as  a  people  is  one  of  novelty  and  experiment, 
involving  the  necessity  of  political,  social,  and  industrial  recon 
struction,  after  a  sweeping  and  thorough  revolution  in  all  these 
respects ;  and  this  is  to  be  accomplished  in  opposition  to  your 
education,  traditional  policy,  and  prejudices. 

I  do  not  propose  to  discuss  either  what  belongs  to  the  past, 
or  the  policy  of  what  is  now  required  of  you,  but  to  accept 
the  present  condition  of  things,  as  the  result  of  the  war,  and 
of  inevitable  necessity,  and  from  this,  as  a  starting  point,  to 
inquire  what  policy  our  people  should  adopt  for  the  future. 

You  must,  in  the  first  place,  recognize  the  necessity  of  mak 
ing  the  most  you  can  of  your  present  condition,  without  the 
hope  of  doing  all  you  might  desire.  This  is  required  both  by 
reason  and  necessity. 

The  State  occupies  the  condition  of  a  conquered  nation. 
State  government  and  State  sovereignty  are  in  abeyance,  and 
will  be  so  held  until  you  adopt  a  government  and  policy  accept 
able  to  the  conquerors.  A  refusal  to  accede  to  these  condi 
tions  would  only  result  in  a  prolongation  of  the  time  during 
which  you  will  be  deprived  of  a  civil  government  of  your  own 
choice. 

And  it  would  do  more  than  this — it  would  keep  questions 
of  the  gravest  character  open  for  discussion  and  agitation,  and 
by  degrees  accustom  the  whole  country  to  a  sort  of  military 
government,  which,  if  greatly  protracted,  must  necessarily  sub 
vert  the  civil  government,  and  result  in  the  establishment  of  a 
military  despotism,  without  bringing  you  any  nearer  to  the 
attainment  of  your  wishes  than  you  are  at  present.  In  order 
to  secure  to  yourselves  again  the  blessings  of  local  self-govern 
ment,  and  to  avoid  military  rule,  and  the  danger  of  running 
into  military  despotism,  you  must  agree : 

First,  to  recognize  the  supreme  authority  of  the  Govern 
ment  of  the  United  States,  within  the  sphere  of  its  powers, 
and  its  right  to  protect  itself  against  disintegration  by  the  seces 
sion  of  the  States. 


288  MEMOIRS    BY    JOHN    H.    REAGAN 

And,  second,  you  must  recognize  the  abolition  of  slavery,  and 
the  rights  of  those  who  have  been  slaves  to  the  privileges  and 
protection  of  the  laws  of  the  land. 

From  what  I  can  see  this  much  will  be  required  as  the  least 
that  would  likely  satisfy  the  Government,  and  secure  to  you 
the  benefits  of  civil  government,  and  the  admission  of  your 
members  into  the  Congress  of  the  United  States. 

But  even  this  may  fail  of  the  attainment  of  those  ends, 
unless  provision  shall  be  made,  by  the  new  State  government, 
for  conferring  the  elective  franchise  on  the  former  slaves.  And 
present  appearances  indicate  that  this  will  be  required  by 
Northern  public  opinion  and  by  Congress.  And  our  people 
are  in  no  condition  to  disregard  that  opinion  or  power  with 
safety.  But  I  am  persuaded  that  you  may  satisfy  both  with 
out  further  injury  to  yourselves  than  has  already  occurred.  If 
you  can  do  this,  and  secure  to  yourselves  liberty,  the  protection 
of  the  Constitution  and  laws  of  the  United  States,  and  the 
right  of  local  self-government,  you  will  be  more  fortunate  than 
many  conquered  peoples  have  been.  The  Government  and  the 
people  of  the  Northern  States  will,  I  have  no  doubt,  recognize 
the  necessity  of  your  securing  these  blessings,  as  important 
to  the  whole  country,  as  a  means  of  preserving  to  it  constitu 
tional  liberty  and  the  present  form  of  republican  government. 
This  is  new  language  to  employ  in  addressing  you,  and  will 
be  as  unwelcome  to  you  as  it  is  sorrowful  to  me.  But  it 
would  be  more  than  folly,  it  would  be  a  great  crime,  for  you, 
and  me,  and  those  who  may  be  charged  with  the  duty  of  reor 
ganizing  and  restoring  the  State  to  the  Union,  to  refuse  to 
recognize  the  facts  of  your  situation,  however  disagreeable, 
and  to  speak  of  and  deal  with  them  with  candor  and  directness. 

While  the  Government  offers  its  terms  for  the  restoration 
of  the  State  to  the  Union,  it  demands  no  other  sacrifices  than 
those  already  made  by  the  result  of  the  war,  of  renouncing 
the  right  of  secession,  and  recognizing  the  abolition  of  slavery, 
with  its  necessary  consequences.  These  demands  being  com 
plied  with,  the  civil  governments  will  be  organized,  the  military 
government  withdrawn,  your  members  will  be  admitted  to  their 
seats  in  Congress,  and  the  State  will  be  in  the  Union  on  an 
equality  in  all  respects  with  the  other  States;  with  no  further 
disabilities,  save  only  such  as  may  attach  to  individuals.  While 
the  Government  prescribes  the  conditions  of  this  return,  it 
authorizes  the  people  of  the  State,  through  representatives  of 
their  own  choice,  to  execute  them.  It  seems  to  be  the  object 


APPENDIX    C  289 

of  the  Government,  in  pursuing  this  course,  to  secure  what 
it  regards  as  the  fruits  of  the  victory  it  has  won,  and,  at  the 
same  time,  to  preserve  our  form  of  government  and  the  liber 
ties  of  the  people.  I  know  that  those  who  look  to  the  past 
only,  with  its  sacrifices  and  losses  of  principles  believed  to  be 
true,  of  property  possessed,  of  national  independence  sought, 
and  of  the  heroic  dead,  may  say  why  talk  of  liberty  now,  and 
of  equality  in  the  Union  ?  The  answer  is,  that  having  attempted 
to  secure  and  preserve  these  by  an  appeal  to  the  God  of  bat 
tles,  we  failed,  and  they  now,  so  far  as  it  relates  to  our  political 
restoration,  belong  to  the  dead  past,  where  it  is  the  policy  of 
the  conquerors  to  leave  them,  and  we  are  required  to  look  to 
the  living  present  and  to  the  future.  If  it  be  thought  hard 
to  surrender  so  much,  it  must  be  remembered  that  such  is  the 
fate  of  war,  and  we  must  not  forget  that  by  the  appeal  to 
arms,  whether  willingly  made  or  not,  we  staked  not  only 
what  the  Government  exacts,  but  all  our  rights  and  property 
on  the  result.  That  we  are  not  required  to  surrender  all  is 
due,  not  to  the  laws  of  war,  but  to  the  enlightened  and  Chris 
tian  age  and  country  in  which  we  live,  to  the  liberality  of 
the  Government,  and  to  the  spirit  and  genius  of  our  institu 
tions.  The  questions  as  to  which  party  to  the  contest  was 
right  or  wrong,  or  as  to  whether  both  were  partly  right  and 
partly  wrong,  and  as  to  whether  we  did  right  or  wrong  in 
staking  all  on  the  fate  of  battle,  were  discussed  before  the 
war  was  commenced,  and  were  decided  by  each  party  for  itself, 
and,  failing  to  agree,  they  made  their  appeal  to  the  dread  arbi 
trament  of  arms.  It  was  precisely  because  the  parties  could 
not  agree  as  to  the  issues  between  them  that  they  went  to 
war,  to  settle  them  in  that  way.  Why  should  we  now  think 
of  reopening  the  discussion  of  these  questions?  What  good 
would  come  of  doing  so?  Wisdom  requires  us  to  accept  the 
decision  of  battle  upon  the  issues  involved,  and  to  be  thank 
ful  that  no  more  has  been  demanded  by  the  conquerors,  and 
to  unite  frankly,  and  as  cheerfully  as  we  can,  with  the  Gov 
ernment  in  carrying  out  the  policy  it  has  propounded.  Some 
of  our  people  seem  to  still  think  they  can  retain  their  prop 
erty  in  slaves  under  the  authority  of  the  Constitution  and 
laws  of  the  United  States.  If  the  question  had  been  originally 
submitted  to  the  courts  of  the  country,  instead  of  to  the  trial 
of  battle,  this  might  have  been  the  case.  But  we  are  not  now 
permitted  to  claim  the  protection  of  the  Government  which 
we  repudiated  and  fought  against,  unless  by  its  consent.  It 


290  MEMOIRS    BY    JOHN    H.    REAGAN 

says  to  the  great  mass  of  our  people,  you  may  retain  your 
property  except  your  slaves.  They  are  now  free.  And  unless 
you  agree  to  this  you  can  neither  get  back  into  the  Govern 
ment  as  a  citizen,  nor  into  its  courts  to  assert  your  claims 
to  slaves  or  any  other  species  of  property.  The  only  wise 
and  safe  course  for  you  to  pursue  is  to  accept  promptly,  unre 
servedly,  and  in  good  faith  the  terms  and  policy  offered,  and 
to  go  forward  in  the  work  of  reorganization  and  restoration 
to  the  Union.  This  requires  your  assent  to  great  pecuniary 
sacrifices,  momentous  changes  in  your  social  and  industrial 
system,  and  a  surrender  of  your  opinions  and  prejudices  on 
most  important  questions.  It  is  humbling  to  our  self-esteem, 
humiliating  to  our  pride,  and  cannot  be  more  unwelcome  to 
you  than  it  is  painful  to  me  to  feel  that  duty  requires  me  to 
give  and  you  to  accept  this  advice.  It  is  not  that  sort  of  advice 
which  persons  sometimes  give  but  do  not  accept  for  them 
selves.  It  is  for  me  and  mine  as  well  as  for  you  and  yours. 

To  the  conferring  of  the  elective  franchise  on  your  former 
slaves,  I  anticipate  stubborn  and  sincere  opposition,  based  upon 
the  ignorance  of  the  great  mass  of  them,  and  their  total  want 
of  information  and  experience  in  matters  of  legislation,  admin 
istration,  and  everything  which  pertains  to  the  science  of  gov 
ernment,  and  upon  the  pride  of  race.  And  this  objection  may 
be  sustained  by  pointing  to  the  examples  of  Mexico,  and  the 
Central  American  and  the  South  American  States,  where  by 
the  enfranchisement  of  the  Indians,  and  negroes,  and  all  others, 
without  reference  to  race  or  mental  or  moral  fitness  for  the 
exercise  of  these  responsible  rights,  they  have  been  deprived 
of  the  blessings  of  peace,  order,  and  good  government,  and 
involved  in  an  almost  uninterrupted  series  of  wars  and  revo 
lutions,  often  of  the  most  cruel  and  barbarous  character,  for 
more  than  half  a  century,  with  no  present  prospect  of  an 
amelioration  or  improvement  of  their  condition.  But  these 
difficulties  are  not  insuperable,  if  you  will  meet  them  with 
patience  and  reason.  I  have  no  doubt  that  you  can  adopt  a 
plan  which  will  fully  meet  the  demands  of  justice  and  fair 
ness,  and  satisfy  the  Northern  mind  and  the  requirements  of 
the  Government,  without  endangering  good  government  and 
repose  of  society.  This  can  be  done  by : 

First,  extending  the  privileges  and  protection  of  the  laws 
over  the  negroes  as  they  are  over  the  whites,  and  allowing 
them  to  testify  in  the  courts  on  the  same  conditions,  leaving 
their  testimony  subject  to  the  rules  relating  to  its  credibility, 


APPENDIX    C  291 

but  not  objecting-  to  its  admissibility.  And  in  this  you  will 
conform  with  the  wise  current  of  modern  legislation  and  the 
tendency  of  judicial  decisions  in  all  enlightened  countries. 

And,  second,  by  fixing  an  intellectual  and  moral,  and,  if 
thought  advisable,  a  property  test,  for  the  admission  of  all 
persons  to  the  exercise  of  the  elective  franchise,  without  refer 
ence  to  race  or  color,  which  would  secure  its  intelligent  exer 
cise.  My  own  views  would  be:  First,  that  no  person  now 
entitled  to  the  privilege  of  voting  should  be  deprived  of  it  by 
any  new  test.  I  would  recognize  in  this  the  difference  between 
taking  away  a  right  heretofore  enjoyed,  and  the  conferring  of 
a  right  not  heretofore  exercised.  Second,  that  to  authorize 
the  admission  of  persons  hereafter  to  the  exercise  of  the  elective 
franchise  they  should  be,  ist,  males;  2d,  twenty-one  years  of 
age ;  3d,  citizens  of  the  United  States ;  4th,  should  have  resided 
in  the  State  one  year,  and  in  the  district,  county,  or  precinct 
six  months  next  preceding  any  election  at  which  they  pro 
posed  to  vote ;  5th,  should  be  able  to  read  in  the  English  lan 
guage  understandingly ;  and,  6th,  must  have  paid  taxes  for  the 
last  year  preceding  for  which  such  taxes  were  due  and  pay 
able,  subject  to  any  disqualification  for  crime,  of  which  the 
person  may  have  been  duly  convicted,  which  may  be  prescribed 
by  law. 

The  adoption  of  these  measures  in  addition  to  those  before 
mentioned,  would,  in  my  judgment,  meet  the  ends  of  justice 
and  fairness,  secure  the  reestablishment  of  the  State  govern 
ment,  the  admission  of  her  Senators  and  Representatives  in 
Congress,  the  suspension  of  military  rule,  and  the  restoration 
of  civil,  constitutional,  and  local  self-government.  And  it 
would  do  more.  It  would  secure  your  protection  against  other 
great  and  pending  evils,  and  is,  I  am  persuaded,  of  the  greatest 
consequence  to  your  future  peace,  prosperity  and  happiness. 
And  for  these  reasons : 

First,  it  would  remove  all  just  grounds  of  antagonism 
between  the  white  and  black  races.  Unless  this  is  done,  end 
less  strife  and  bitterness  of  feeling  must  characterize  their 
relations,  and,  as  all  history  and  human  experience  teach  us, 
must  sooner  or  later  result  in  a  war  of  races.  We  know  from 
sad  experience  what  war  is  between  equals  and  enlightened 
people.  But  of  all  wars,  a  social  war  of  races  is  the  most 
relentless  and  cruel.  The  extermination  or  expulsion  from  the 
country,  or  enslavement  of  one  or  the  other,  being  its  inevitable 
end,  where  they  are  left  to  themselves;  or  the  loss  of  liberty 


292  MEMOIRS    BY   JOHN    H.    REAGAN 

to  both  races,  when  they  are  subject  to  the  control  of  a  superior 
power,  which  would  be  our  situation.  I  speak  of  course  of  the 
legal  rights  and  status  of  the  two  races.  Their  social  rela 
tions  are  matters  of  taste  and  choice,  and  not  subject  to  legis 
lative  regulations. 

Second,  this  course  would  disarm  and  put  an  end  to  inter 
state,  sectional,  political  agitation  on  this  subject  at  least,  which 
has  been  the  special  curse  of  our  country  for  so  many  years, 
and  which  was  the  cause  of  the  unnumbered  woes  we  have 
recently  experienced  and  still  suffer,  by  depriving  the  agitators 
of  a  subject  on  which  to  keep  up  such  agitation,  and  of  the 
means  of  producing  jealousy,  animosity,  and  hatred  between 
the  different  parts  of  the  country,  and  between  the  different 
races.  And  this  would  do  much  toward  a  renewal  of  the 
ancient  relations  of  national  harmony  and  fraternal  good  will 
between  all  parts  of  the  country.  And  this  too  is  of  the  great 
est  consequence  to  our  future  welfare,  and  especially  to  our 
people,  who  know  there  is  no  hope  of  escape  from  it  by  appeal 
ing  to  the  principles  of  State  sovereignty  and  to  the  right  of 
secession. 

If  the  State  will  adopt  this  policy  at  once  it  will  attain  the 
great  ends  heretofore  mentioned,  and  it  will  save  its  own  people 
from  years  of  painful  strife  and  agitation  on  these  questions, 
which  would  at  last,  probably  after  years  of  contention,  be 
found  to  be  the  only  means  of  bringing  it  to  an  end,  even  if 
we  are  driven  to  nothing  worse.  How  infinitely  better  it  will 
be  for  you,  for  both  races,  for  the  present  and  future,  for 
the  whole  country,  if  you  will  unhesitatingly  recognize  the 
existing  unalterable  facts  as  to  your  condition,  and  the  inev 
itable  logic  of  events,  and  hasten,  as  it  is  in  your  power  to  do, 
the  return  of  the  blessings  of  civil  government  and  constitu 
tional  liberty ;  and  avoid,  as  it  is  in  your  power  to  do,  the  fear 
ful  perils  which  now  lie  before  you. 

I  know  the  painful  struggles  against  education,  and  habit, 
and  tradition,  and  prejudice,  which  such  a  course  will  require 
you  to  encounter,  and  how  hard  it  is  for  human  nature  to 
overcome  such  difficulties.  But  my  sincere  prayer  is  that  God, 
in  His  goodness  and  mercy,  may  enable  you  to  exhibit  this  last 
crowning  evidence,  in  the  midst  of  your  calamities  and  sor 
rows,  of  your  greatness  and  wisdom  as  a  people. 

I  do  not  know  how  far  it  may  be  necessary  or  wise  in  the 
convention,  and  the  succeeding  legislatures,  to  change  the  gen- 


APPENDIX    C  293 

eral  frame  of  the  State  government.  But  if  you  will  pardon 
me,  there  is  a  subject,  in  this  connection,  to  which  I  will  call 
your  attention. 

For  many  years  past  it  has  been  my  opinion  that  we  have 
carried  our  system  of  popular  government  to  a  vicious  extreme, 
which  has  developed  sad  evils,  and  which  required  correction. 
I  refer  to  the  frequency  of  the  occurrence  of  popular  elections, 
to  the  great  number  of  offices  filled  by  the  popular  vote,  and  to 
the  shortness  of  the  terms  of  office.  As  our  laws  now  stand, 
all  officers,  executive,  judicial,  ministerial,  corporate  and  mili 
tary,  I  believe,  with  the  exception  of  the  secretary  of  state, 
the  Governor's  private  secretary,  and  the  clerk  of  the  Supreme 
Court,  are  elected  by  the  popular  vote  of  the  people,  and 
with  the  exception  of  the  judges  and  clerks  of  the  Supreme 
and  district  courts,  and  of  State  senators,  for  the  short  term  of 
two  years.  And  the  elections  are  so  arranged  that  a  part  of 
these  are  elected  one  year  and  a  part  the  next,  or  alternate 
year,  causing  a  general  popular  election  every  year.  To  this, 
there  are,  it  seems  to  me,  several  serious  objections. 

First,  it  involves  the  too  frequent  change  of  officers,  and 
often  the  loss  of  skill  and  experience;  and  these  changes  also 
produce  expensive  and  inconvenient  changes  of  business  to  a 
great  number  of  people. 

Second,  it  involves  too  much  expense  and  loss  of  time  to  the 
public  generally,  and  especially  to  the  large  number  of  candi 
dates,  with  no  compensating  benefit. 

And,  third,  which  is  the  main  and  most  serious  objection, 
annual  popular  elections  keep  the  country  in  an  almost  continual 
political  canvass  and  commotion,  and  produce  and  keep  up  an 
unnatural  and  injurious  public  excitement,  for  which  there  is  no 
necessity,  and  no  compensating  benefit.  And  for  many  years, 
before  the  commencement  of  our  late  troubles,  these  might  well 
have  produced  the  impression  that  the  carrying  on  of  canvasses 
and  the  holding  of  elections  were  the  principal  business  of  the 
country,  while  the  carrying  on  of  the  various  industrial  and 
professional  pursuits,  the  rearing  and  education  of  families,  and 
the  support  of  the  Government  were  but  incidental  matters. 
The  remedy  for  these  evils  may  be  easily  found,  and  as  easily 
applied,  with  very  great  benefit  to  the  public,  and  with  greatly 
increased  credit  and  safety  to  our  system  of  free  popular  self- 
government. 

The  one  I  would  recommend  would  be : 

First,  to  lengthen  all  terms  of  office,  which  are  now  two,  to 
four  years. 


294  MEMOIRS    BY    JOHN    H.    REAGAN 

Second,  to  require  all  general  elections,  as  far  as  practicable, 
to  take  place  during  the  same  year,  and  at  the  same  time. 

And,  third,  to  provide:  ist,  that  the  State  treasurer,  comp 
troller,  attorney-general,  and  commissioner  of  the  general  land 
office  should  be  appointed  by  the  nomination  of  the  Governor 
and  confirmation  of  the  Senate,  as  the  secretary  of  the  state  now 
is ;  2d,  that  the  clerks  of  the  district  courts  should  be  appointed 
by  the  several  judges,  as  the  clerk  of  the  Supreme  Court  is  by 
the  judges  of  the  court;  3d,  that  the  county  courts  should 
appoint  their  clerks  and  the  sheriffs,  coroner,  assessors  and 
collectors  of  taxes,  county  treasurers,  county  surveyors,  and 
the  constables  for  the  several  precincts  of  their  several  counties ; 
4th,  that  the  mayor  and  aldermen  or  councilmen  of  all  cities  and 
towns  should  appoint  their  clerks,  marshals,  treasurers,  and 
other  officers. 

This  would  withdraw  the  appointment  of  the  vast  number  of 
ministerial  officers  from  the  scramble,  excitement,  expense,  loss 
of  time,  and  commotion  of  popular  elections.  It  would  confer 
the  authority  for  their  appointment  on  responsible,  intelligent 
men,  who  would  have  been  elected  to  office  by  the  people,  and 
would  be  responsible  to  them ;  and  it  would  secure  their  appoint 
ment  on  account  of  their  qualifications  and  fitness  for  their 
several  duties,  rather  than  for  political  considerations,  or  on 
account  of  mere  personal  popularity,  without  reference  to  these 
qualities.  It  would  give  greater  dignity  and  importance  to  our 
county  courts,  which  they  never  can  have  to  a  proper  extent 
under  our  present  system. 

It  would  at  the  same  time  retain  to  the  people  the  election  by 
popular  vote  of  the  Governor,  Lieutenant-Governor,  State 
senators  and  representatives,  judges  of  the  Supreme  and  district 
courts,  district  attorney,  chief  justices  and  commissioners  of 
county  courts,  justices  of  the  peace,  and  the  mayor  and  aldermen 
or  councilmen  of  cities  and  towns ;  embracing  the  chief  execu 
tive  officer  of  the  State,  and  all  those  who  have  the  power  of 
making  laws,  or  of  expounding  them  or  of  imposing  taxes  or 
other  burdens  on  the  people. 

And  what  is  of  most  value,  it  would  render  the  elections  so 
infrequent  and  so  far  apart  as  to  suspend  all  excitement  about 
them  for  long  intervals,  and  allow  the  people  to  pursue  their 
ordinary  vocations  free  from  the  repeated  interruptions  and 
excitements  to  which  they  are  subject  under  our  present  system ; 
and  it  would  put  an  end  to  the  corrupting  and  debasing  trade  of 
politics  which  was  created  and  is  being  nourished  and  strength 
ened  by  the  number  and  frequency  of  popular  elections. 


APPENDIX    C  295 

I  am  persuaded  that  some  such  change  as  this  is  essential  to 
the  public  welfare  as  well  as  to  the  credit  and  success  of  our 
system  of  government,  to  the  permanency  of  our  institutions, 
and  the  repose  and  security  of  society.  And  this  will  be  doubly 
important  now,  since  such  great  numbers  of  people,  heretofore 
slaves,  and  in  great  ignorance,  are  now  made  freemen,  and  are 
to  become,  in  some  form,  either  participants  or  an  element  in  all 
our  political  contests. 

With  these  two  lines  of  policy  adopted,  I  think,  notwithstand 
ing  all  your  recent  misfortunes,  you  might  look  with  hope  and 
confidence  to  the  future.  The  negroes  will,  it  is  hoped,  grad 
ually  diffuse  themselves  among  the  greatly  preponderating 
numbers  of  the  whites,  in  the  different  States  and  Territories ; 
many  of  them  will  probably  go  to  Mexico,  and  other  countries, 
in  search  of  social  equality,  and  few  or  none  of  their  race  will 
be  added  to  their  numbers  by  accessions  from  other  countries. 
While  the  steady  rapid  influx  of  great  numbers  of  the  white 
races,  from  other  countries,  will  gradually  increase  the  dispro 
portion  in  numbers  between  them  and  the  whites,  and  so  render 
this  new  element  in  society  and  government  innocuous,  or  at  least 
powerless  for  evil,  if  they  should  be  so  inclined.  But  from  the 
general  docility  of  their  dispositions  we  may  expect  the  most  of 
them  to  be  orderly,  and  many  of  them  industrious  and  useful 
citizens.  But  to  secure  these  desirable  ends,  it  must  not  be 
forgotten  that  it  is  an  essential  prerequisite  to  confer  on  them 
their  reasonable  and  necessary  rights,  and  to  adopt  a  policy 
which  will  prevent  them  from  becoming  an  element  of  political 
agitation,  and  strife  and  danger.  And  we  must  bury  past 
animosities  with  those  of  our  fellow-citizens  with  whom  we 
have  been  at  war,  and  cultivate  with  them  feelings  of  mutual 
charity  and  fraternal  good  will.  And  it  will  be  greatly  to  your 
advantage,  in  many  ways  which  I  cannot  trespass  upon  you  to 
mention  now,  to  hold  out  inducements  to  them,  and  to  emigrants 
from  other  countries,  to  come  and  settle  among  you,  with  their 
labor,  and  skill,  and  capital,  to  assist  in  the  diffusion  of  employ 
ments,  the  increase  of  your  population,  and  the  development  of 
your  vast  resources  into  new  creations  of  wealth  and  power. 

Time,  and  patience,  and  wisdom,  and  justice,  mingled  with 
the  holy  precepts  in  the  New  Testament,  are  necessary  to  enable 
you  to  secure  these  great  and  beneficent  ends.  That  you  may 
by  the  means  I  have  indicated  or  others  secure  these  results, 
shall  have  my  constant  hopes  and  prayers. 

Very  truly  and  respectfully, 

JOHN  H.  REAGAN. 


APPENDIX  D 

RICHMOND,  VIRGINIA,  November  8,  1865. 
Major  GEORGE  W.  WHITE,  Washington,  D.  C. 

MY  DEAR  SIR  :  Recurring  to  our  conversation  at  Washington 
and  to  your  request  for  a  memorandum  of  the  points  I  then 
suggested  on  the  subject  of  the  trial  of  Mr.  Davis,  the  late 
President  of  the  Confederacy,  I  would  say  that  I  felt  great 
anxiety  to  speak  with  President  Johnson  on  the  subject,  but  did 
not  do  so  in  the  short  interview  I  had  with  him,  and  did  not  call 
on  him  again  for  this  special  purpose  because  I  could  not  know 
how  he  would  receive  such  suggestions  from  me.  Your 
acquaintance  with  the  President  and  position  toward  him  may 
render  him  accessible  to  you  on  this  subject,  and,  if  so,  I  beg  that 
you  will  call  his  attention  to  the  following  considerations : 

First.  That  if  he  directs  the  trial  of  Mr.  Davis  it  will  no 
doubt  be  before  a  civil  court  and  to  obtain  a  judicial  decision 
against  the  rightfulness  of  secession  as  a  peaceful  remedy  for 
grievances  by  States  of  the  Union.  The  passions  engendered 
by  the  war  and  greatly  aggravated  by  the  death  of  President 
Lincoln,  have  now  so  far  subsided,  and  peace  having  been  prac 
tically  restored,  if  he  is  to  be  tried,  it  will  probably  be  before  a 
civil  court.  President  Johnson,  by  his  course,  has  shown  that 
he  fully  comprehends  the  great  responsibilities  of  his  position, 
and  the  fact  that  upon  him  and  the  result  of  the  action  of  Con 
gress  at  its  approaching  session,  the  future  of  the  country  is 
fearfully  suspended.  If  civil  government  shall  be  restored  to 
the  Southern  States,  their  members  of  Congress  admitted  to 
their  seats,  their  right  of  local  self-government  recognized,  and 
these  States  and  people  clothed  with  the  protection  of  the  Con 
stitution  and  laws  of  the  United  States,  and  trusted  as  in  former 
times,  the  question  will  be  settled  that  civil  liberty  is  to  be  again 
insured  to  them,  and  we  shall  all  be  in  the  high  road  to  prosperity 
and  happiness  again;  and  the  President  will  have  enrolled  his 
name  high,  as  a  great  and  wise  statesman  and  benefactor  of  his 
country  and  race,  and  our  free  republican  form  of  government 
will  be  preserved.  The  recognition  of  his  views,  and  the  gen- 


APPENDIX    D  297 

erous  course  he  is  pursuing  toward  the  Southern  States  and 
people,  is  commanding  the  sympathy  and  conciliating  the  feel 
ings  of  the  whole  South;  and  from  the  great  change  and 
softening  of  opinion  in  the  North,  I  am  led  to  believe  that  it  will 
command  the  approval  of  the  people  of  that  section  too.  What 
we  now  need,  and  what  every  patriot  must  desire,  is  the  restora 
tion  of  fraternal  good  feeling  and  charity  and  kindness  between 
the  people  of  the  different  sections  of  the  country.  This  is  being 
brought  about,  much  faster  than  might  have  been  expected,  by 
the  President's  policy.  And  I  am  led  to  believe,  from  all  that 
I  could  see  and  hear,  that  he  is  going  forward  with  this  policy 
as  fast  as  public  opinion  will  allow.  It  is  in  the  line  of  his 
policy,  and  would  be  its  legitimate  and  most  wise  and  noble 
consummation,  for  it  to  end  by  a  general  amnesty  as  soon  as  the 
President  can  be  safe  in  adopting  this  course,  and  there  is  no 
act  short  of  this  which  would  do  so  much  toward  the  restoration 
of  good  feeling  in  the  South,  and  toward  securing,  both  toward 
the  President  and  the  Government,  the  generous  sympathy  of 
all,  as  the  release  of  Mr.  Davis  from  prison  and  his  restoration 
to  his  family  and  home.  I  look  upon  this  as  the  logical  and 
necessary  result  of  President  Johnson's  policy,  and  beg  of  you, 
if  the  opportunity  offers  itself,  to  present  this  view  fully  to  him. 
Second.  If  Mr.  Davis  should  be  tried  before  a  civil  court  I 
assume  as  a  fixed  fact  that  the  President  would  direct  a  fair 
and  impartial  trial.  He  would  neither  consent  to  the  injury  of 
his  own  reputation  nor  the  character  of  the  Government  by 
allowing  him  to  be  tried  before  prejudiced  or  partisan  judges 
or  a  packed  jury.  And  to  my  mind  there  may  be  most  weighty 
reasons  why  the  Government  should  not  desire  to  put  Mr.  Davis 
on  trial,  looking  from  the  point  of  view  which  the  President 
doubtless  occupies.  The  only  reason  for  a  trial,  as  before 
suggested,  would  be  to  secure  the  determination  by  the  courts 
that  secession  is  not  a  lawful  remedy  for  grievances.  This 
question,  whatever  the  theory  of  the  Constitution  may  have 
been,  has  now  been  practically  settled  by  a  most  awful  and 
fearful  appeal  to  the  ultimate  and  most  terrible  of  tribunals  and 
by  the  sacrifice  of  hundreds  of  thousands  of  valuable  lives  and 
of  thousands  of  millions  of  dollars.  All  know  that  hencefor 
ward  secession  is  war,  and  hereafter  it  will  only  be  regarded  as 
another  name  for  revolution.  Now,  it  seems  to  me,  with  all 
respect,  that  after  the  question  has  been  so  settled  by  so  august 
an  appeal  to  the  dread  arbitrament  of  arms,  that  the  trial  of  any 
man  in  a  civil  court  to  settle  the  same  question  would  only  be 
.an  unworthy  afterpiece  to  a  great  tragedy. 


298  MEMOIRS    BY    JOHN    H.    REAGAN 

Third.  If  he  should  be  tried,  the  decision  of  this  question 
of  the  rightfulness  of  secession  would  be  made  to  depend  on 
the  verdict  of  guilty  or  not  guilty,  to  be  rendered  by  the  jury, 
and  that  without  right  of  appeal  to  the  Supreme  Court,  which 
is  not  provided  for  in  such  cases.  And  this  would  depend  not 
upon  the  abstract  consideration  of  the  law  of  the  case,  but  upon 
the  law  and  the  facts,  the  intent  of  the  prisoner  being  also  an 
element  which  would  enter  into  their  consideration ;  and,  as  in 
other  criminal  cases,  he  would  be  entitled  to  the  benefit  of  any 
reasonable  doubt  which  might  arise  as  to  his  guilt.  His  counsel 
might,  to  explain  the  motives  and  intent  with  which  he  acted, 
introduce  the  Kentucky  and  Virginia  resolutions  of  1798  and 
'99,  and  the  resolutions  of  many  other  State  legislatures  running 
all  along  through  their  subsequent  history,  and  of  many  State 
conventions,  involving  the  right  of  secession.  They  might  also 
offer  in  evidence  the  proceedings  of  many  State  and  National 
political  conventions,  asserting  the  same  doctrines,  through  a 
long  series  of  years.  They  might  also  introduce  in  evidence 
the  opinions  of  Hon.  Josiah  Quincy  of  Massachusetts,  and  the 
proceedings  of  the  House  of  Representatives  in  relation  to  them, 
amounting  to  a  quasi-endorsement  of  them,  growing  out  of  the 
last  war  with  Great  Britain.  And  the  views  of  Mr.  Rawles  on 
this  subject,  given  in  his  Commentaries  on  the  Constitution,  and 
of  Mr.  Wheaton  in  his  work  on  International  Law,  both 
Northern  men  and  writers  of  great  learning  and  ability,  who 
could  not  be  presumed  to  be  influenced  by  any  other  considera 
tion  than  a  sincere  desire  to  ascertain  and  state  the  true  theory 
of  the  governments,  State  and  National,  under  which  we  lived 
might  also  be  placed  in  evidence  in  which  they  concluded  that 
the  Federal  Government  had  no  right  to  coerce  a  refractory 
State.  They  might  also  introduce  in  evidence,  for  this  purpose, 
the  messages  of  numerous  governors  of  States,  embracing  those 
of  many  of  the  Northern  and  probably  all  of  the  Southern 
States ;  speeches  of  Senators  and  Representatives  in  Congress 
from  all  parts  of  the  Union,  and  the  messages  of  Presidents  to 
show  that  the  doctrine  of  secession  was  as  old  as  the  Consti 
tution  and  has  been  constantly  asserted  all  through  the  his 
tory  of  the  Governments  by  brave  legislative  bodies  and 
by  conventions,  and  by  high  official  personages,  both  in  the 
Federal  and  the  State  governments.  And  these  being  presented 
to  it,  is  it  at  all  probable  that  an  impartial  jury  would  say  that 
all  these  contemplated,  meditated,  designed  treason,  and  that 
Mr.  Davis  should  now  be  sentenced  to  death  as  a  traitor  for 


APPENDIX    D  299 

believing  and  acting  on  these  views?  Is  it  not  possible,  and 
even  most  probable,  that  we  should  have  this  question  practically 
settled  against  secession  by  war,  and  in  favor  of  it  by  a  verdict 
of  not  guilty,  and  thus  reach  a  result  the  very  reverse  of  what  is 
desired  by  the  government? 

The  question  may  arise  as  to  why,  with  these  views,  I  should 
wish  to  avert  such  a  trial.  The  answer  is  that  I  sincerely  desire 
to  see  peace  and  order  and  good  government  and  good  feeling 
restored  throughout  the  land ;  that  I  believe  a  trial  would  cause 
unnecessary  perplexity  and  difficulty  to  the  Government,  and 
would  be  likely  to  unsettle  the  question  of  the  right  of  secession. 
And  I  object  to  the  trial  because  it  would  increase  and  prolong 
the  vexations  and  sorrows  of  Mr.  Davis,  without  tending  to 
any  valuable  result,  and  would  revive  the  exasperation  of  feel 
ing  between  the  people  of  the  different  parts  of  the  country  now 
happily,  under  the  President's  policy,  being  rapidly  allayed ;  and 
because  it  would  tend  to  increase  the  difficulties  in  the  way  of 
the  full  execution  of  the  President's  policy  for  the  early  restora 
tion  of  the  country  to  its  former  condition  of  constitutional 
government  and  civil  liberty.  And  I  believe  there  never  was  a 
period  in  this  or  any  other  country  when  magnanimity  and  trust 
and  confidence  between  the  government  and  the  people,  and 
between  the  people  of  the  different  portions  of  the  country,  was 
worth  more  or  could  be  employed  with  greater  advantage ;  or 
when  the  employment  of  mere  force  would  do  more  injury  or 
inflict  a  more  irreparable  wound  on  the  cause  of  constitutional 
government  and  civil  liberty. 

I  beg,  my  dear  sir,  your  best  efforts  to  present  these  views  to 
the  President,  not  as  an  official  paper  for  file,  but  at  the  earliest 
time  at  which  you  can  get  access  to  him,  when  he  may  be  able 
to  spare  the  time  to  hear  you.  And  I  should  suppose  this  might 
be  most  satisfactorily  done  at  his  residence  of  an  evening.  You 
can  do  so  by  a  verbal  statement,  or,  if  you  think  it  advisable, 
when  you  present  the  subject  you  may  read  this  memorandum 
to  him.  He  may  have  considered  this  and  all  of  the  other  views 
of  which  this  case  is  susceptible,  but  the  pressure  of  great 
questions  so  constantly  on  him  may  have  prevented  him  from 
considering  the  whole  question  in  this  aspect,  and,  in  any  event, 
I  hope  for  good  to  result  by  calling  his  mind  to  this  line  of 
thought.  I  cannot  doubt  that  he  will  see  it  will  be  best  for  the 
whole  country,  best  for  humanity  and  best  for  his  own  fame. 
Providence  has  placed  the  happiness  and  prosperity  and  liberty 
of  his  country,  as  well  as  the  control  of  his  own  record  for 


300  MEMOIRS    BY    JOHN    H.    REAGAN 

posterity,  in  his  own  hands,  and  I  have  faith  to  believe  that  he 
will  recognize,  in  this  general  line  of  thought,  the  true  means  to 
preserve  each  and  all  of  these. 

Please  do  all  you  can  for  the  release  of  our  friend,  Governor 
Lubbock,  and  write  to  me  at  Anderson,  Grimes  County,  Texas, 
whether  you  succeed  in' getting  this  matter  before  the  President. 
I  think  it  important  that  you  should  get  the  President,  if 
possible,  to  consider  these  matters  before  he  prepares  his 
message  for  Congress. 

Very  truly,  your  friend, 

JOHN  H.  REAGAN. 


APPENDIX  E. 

FORT  HOUSTON,  NEAR  PALESTINE,  TEXAS, 

October  12,  1866. 
Gov.  J.  W.  THROCKMORTON. 

ESTEEMED  FRIEND  :  I  have  avoided  participation  in  the  dis 
cussion  of  public  questions  since  my  return  home  last  winter,  be 
cause  I  am  still  a  prisoner  on  parole,  and  subject  to  the  pleasure 
of  the  Government,  and  because  of  the  disfavor  with  which  the 
letter  I  wrote  from  my  prison  at  Fort  Warren  was  received  by 
the  people.  But  I  think  the  time  has  come,  in  view  of  our  situa 
tion,  present  and  prospective,  when  I  should  be  unfaithful  to  the 
most  sacred  duty  of  the  citizen  by  refusing  to  contribute  what 
ever  I  may  to  the  public  welfare.  And  I  can  do  so  with  the 
greater  freedom  now,  as  our  State  officers  and  Senators  to  Con 
gress  will  be  chosen  on  the  I5th  hist,  which  will  disembarrass 
the  discussions  of  great  public  questions  by  disconnecting  them 
from  any  political  canvass  or  personal  aspirations,  and  leave  the 
subjects  to  be  discussed  to  rest  on  their  own  resources.  Our  long 
acquaintance  and  friendship,  your  position  as  Governor  of  the 
State,  my  confidence  in  your  capacity  to  comprehend  our  situa 
tion,  and  in  your  political  integrity  and  moral  courage,  induces 
me  to  ask  your  perusal  of  this  letter  and  your  most  serious  con 
sideration  of  the  subjects  which  I  desire  to  call  to  your  attention. 

Our  struggle  for  independence  and  separate  nationality  came 
to  an  end  in  April  and  May  of  last  year,  by  the  surrender  of  our 
armies.  Our  people  promptly  recognized  our  overthrow,  and 
also  the  necessity  of  submitting  to  its  logical  results,  a  part  of 
which  were  the  surrender  of  our  institution  of  slavery,  the  aban 
donment  of  the  doctrine  of  secession  as  a  practical  remedy  for 
State  grievances,  the  return  of  their  allegiance  to  the  Govern 
ment  of  the  United  States,  the  repudiation  of  the  Confederate 
debt,  and  the  consent,  implied  in  the  renewal  of  their  allegiance, 
to  bear  their  part  in  the  burdens  of  the  Government  of  the 
United  States,  including  the  payment  of  the  national  debt. 

I  think  my  situation  and  means  of  information,  from  the  time 
of  the  surrender  of  our  armies  to  the  meeting  of  the  last  session 


302  MEMOIRS    BY    JOHN    H.    REAGAN 

of  Congress,  enable  me  to  understand  the  opinion  and  purposes 
of  the  Northern  people ;  and  that  the  masses  of  them  were 
pleased  with  the  prompt  and  spontaneous  action  of  our  people  in 
accepting  the  results  of  the  war,  and  that  they,  with  some  excep 
tions  of  persons  and  localities,  but  not  sufficient  to  thwart  the 
general  will,  were  anxious  for  speedy  reconciliation,  the  restora 
tion  of  fraternal  good  will,  order,  peace  and  prosperity.  But 
their  purpose  was  distinctly  manifest  that  a  final  adjustment 
could  only  be  made  on  the  conditions  of  securing  complete  pro 
tection  to  the  persons,  property  and  rights  of  the  negroes,  and 
the  conferring  of  either  the  general  right  of  suffrage  on  them, 
or  the  right  qualified  by  the  tests  of  intelligence  or  property,  or 
both,  with  the  extensions  of  the  same  tests  to  the  white  race. 

A  comnliance  with  these  conditions,  and  those  previously 
mentioned,  was  all,  in  my  opinion,  that  was  then  necessary  to 
secure  the  restoration  of  the  civil  government  in  the  several 
States,  the  admission  of  our  Senators  and  Representatives  to 
their  seats  in  Congress  (subject  to  the  test  oath,  the  law 
prescribing  which  would  in  all  probability  have  been  repealed), 
the  withdrawal  of  the  military  from  among  us,  the  termination 
of  the  duties  of  the  Freedmen's  Bureau,  and  the  restoration  of 
order,  peace  and  security  to  the  great  mass,  and  possibly  to  all, 
of  our  people. 

The  Southern  States  have  complied  with  the  demands  made 
on  them  in  relation  to  the  freeing  of  the  negroes,  in  relation  to 
the  doctrine  of  secession,  by  the  citizens  returning  to  their  alle 
giance  to  the  Government  of  the  United  States,  by  the  repudia 
tion  of  the  Confederate  debt,  and  by  the  assumption  of  their 
portion  of  the  burdens  of  the  General  Government.  They  have 
also  made  provisions  in  their  Constitutions  and  laws  for  the 
more  or  less  perfect  protection  of  the  persons  and  property  of 
the  negroes,  and  in  some  or  all  of  the  States  they  have  provided 
that  they  may  testify  in  the  courts,  in  cases  in  which  negroes 
are  concerned.  But  in  none  of  them,  except  in  the  case  of  South 
Carolina,  has  it  been  provided  that  the  negroes  shall  be  witnesses 
in  all  cases,  nor  has  any  provision  been  made  extending  the  right 
of  suffrage  to  them,  in  any  form,  in  any  of  these  States.  Is  it 
the  deliberate  purpose  of  our  people,  after  having  complied  with 
all  the  other  demands  imposed  on  them,  to  sacrifice  their  rights, 
property  and  liberty,  and  all  that  is  valuable  and  dear  to  them, 
rather  than  confer  these  privileges  and  the  protection  of  equal 
laws  on  the  negroes?  And  is  there  an  intelligent  and  well-in 
formed  man  in  the  whole  South  who  does  not  know  that  we  will 


APPENDIX    E  303 

not  be  represented  in  Congress,  or  freed  from  the  embarrass 
ments  and  dangers  which  now  threaten  us,  until  we  do  extend 
these  privileges  to  the  negroes  ?  There  are  persons  who  assume 
that  President  Johnson  is  opposed  to  negro  suffrage,  but  such 
persons  are  not  well  informed.  He  justly  denies  the  authority  of 
Congress  to  prescribe  the  qualifications  of  electors,  because  Con 
gress  has  no  right  under  the  Constitution  to  do  so.  But  in  a 
dispatch  to  Governor  Sharkey,  of  Mississippi,  last  summer  a 
year  ago  he  urged  the  importance  of  giving  the  right  of  suf 
frage  to  the  negroes,  and  he  has  on  other  occasions  said  that  as  a 
citizen  of  Tennessee  he  would  be  in  favor  of  the  State  allowing 
the  negroes  the  privilege  of  voting;  and  lie  all  the  time  de 
manded  for  them  the  protection  of  the  laws.  And  if  these  States 
had  complied  with  his  wishes  on  these  subjects  he  would  not  now 
have  been  so  heroically  fighting  a  hopeless  political  battle  for  the 
constitutional  rights  of  all,  and  his  policy  would  have  carried 
most  of  the  Northern  States  in  the  election  of  this  fall,  and  the 
next  would  have  been  a  conservative  Congress. 

Impressed  with  a  full  and  clear  conviction  of  what  would 
be  their  demands  of  us  before  our  State  and  people  would  be  per 
mitted  to  enjoy  their  full  rights  and  privileges  in  the  Union,  on 
the  nth  of  August,  1865,  I  wrote  from  my  solitary  confinement 
at  Fort  Warren  an  address  to  the  people  of  Texas,  telling  them 
what  would  be  demanded  of  them,  as  the  condition  of  their  res 
toration  to  their  rights  as  citizens,  to  security  and  repose,  and 
to  the  restoration  of  civil  self-government  to  the  States,  and 
representation  in  Congress.  And  I  gave  such  reasons  as  seemed 
to  me  to  be  conclusive  that  they  should  promptly  accept  what 
seemed  to  them  the  demands  of  our  conquerors,  rather  than 
leave  the  settlement  of  those  great  questions  open  until  a  system 
of  military  government  should  be  inaugurated  by  Congress,  and 
our  future  condition  and  hope  made  to  depend  on  the  complica 
tions  of  the  politics  of  the  Northern  States,  and  subject  to  the 
evil  passions  which  would  probably  grow  out  of  such  complica 
tions.  The  letter  was  addressed  to  the  then  Provisional  Gov 
ernor  Hamilton,  and  the  original  may  be  on  file  in  your  office. 
If  so,  and  your  legislature  will  permit,  I  would  ask  you  to  read 
it  now,  in  the  light  of  events  which  have  transpired  since  it  was 
written.  If  you  do  so  you  will  probably  see  that  I  was  not  mis 
taken  in  pointing  out  the  consequences  to  our  people  which 
would  follow  a  failure  to  adopt  its  recommendations.  In  it  I 
told  our  people  that  in  addition  to  the  requirements  in  relation  to 
the  freeing  of  the  slave  and  the  repudiation  of  the  doctrine  of 


304  MEMOIRS    BY   JOHN    H.    REAGAN 

secession,  they  must  consent  to  give  the  negroes  the  protection  of 
their  persons,  property  and  rights  by  law ;  that  they  must  allow 
them  to  be  witnesses  in  the  courts  on  the  same  conditions  that 
applied  to  whites,  and  that  they  must  provide  that,  as  to  all  per 
sons  hereafter  to  be  admitted  to  the  exercise  of  the  elective  fran 
chise  they  should  be  able  to  read  intelligently  in  the  English  lan 
guage,  and  to  show  that  they  had  paid  the  last  taxes  due,  before 
they  could  be  allowed  to  vote ;  and  that  these  conditions  were  to 
be  imposed  alike  on  white  and  black ;  that  in  adopting  any  test 
which  could  exclude  the  ignorant  mass  of  negroes  from  the  polls 
and  thereby  avoid  the  evils  and  dangers  of  universal  negro  suf 
frage,  it  was  indispensable  to  make  it  acceptable  to  the  North, 
and  so  secure  our  rights  and  safety,  to  make  it  applicable  to  both 
races.  And  I  urged  in  that  letter  that  policy  would  promote  our 
future  welfare  by  causing  the  negro  race  among  us  to  feel  that  we 
were  still  their  friends  and  protectors,  and  of  securing  their  con 
tentment  and  disposition  to  industry  and  order,  and  of  preventing 
the  evils  of  their  discontent  and  the  danger  of  an  ultimate  war 
of  races,  and  by  giving  them  all  the  rights  which  could  in  reason 
and  justice  be  demanded  for  them,  prevent  their  longer  remain 
ing  an  element  in  the  politics  of  the  country,  to  distract,  divide 
and  embitter  the  feelings  of  the  people  of  section  against  section, 
and  of  race  against  race. 

The  omission  of  the  Southern  States  to  adopt  this  policy 
promptly  caused  the  adoption  by  Congress,  at  its  last  session,  of 
the  alternative  policy.  This  produced  the  new  freeman's  bureau 
law  and  the  civil  rights  law  of  last  session,  and  the  adoption  by 
Congress  of  the  proposed  amendment  of  the  Constitution — all 
designed  to  give  that  protection  and  those  rights  to  the  negroes 
which  our  legislatures  had  neglected  to  give,  and  to  repress  and 
control  the  spirit  from  which  the  neglect  arose.  Such  a  line  of 
policy  was  to  have  been  foreseen  by  all  who  rightly  contemplated 
the  then  existing  conditions  of  things,  and  who  looked  wisely  to 
that  future  which  is  now  partly — and  for  our  country  sadly — re 
vealed.  It  has  also  produced  those  new  and  difficult  complica 
tions  which  no  wise  man  could  avoid  foreseeing,  and  which 
greatly  increase  the  embarrassments  which  would  have  then  at 
tended  an  adjustment  of  all  our  troubles.  Other  considerations 
have  had  their  influence  in  producing  the  present  state  of  affairs, 
such  as  the  evil  and  ill-controlled  passions  of  the  less  rational  and 
less  intelligent  of  both  sections,  and  the  spirit  of  political  parti 
sanship,  and  the  love  of  power  and  place,  of  a  portion  of  the  peo 
ple  of  the  Northern  States,  which  subordinated  the  true  inter- 


APPENDIX    E  305 

ests  of  the  country  and  the  spirit  and  letters  of  the  Constitu 
tion,  the  great  bulwark  and  shield  of  the  American  liberty,  to  the 
supposed  necessities  of  party.  To  these  latter  I  am  not  so  situ 
ated  as  to  appeal  with  any  hope  that  my  views  would  be  favor 
ably  received,  because  of  the  part  which  I  took  in  the  late  strug 
gle.  But  to  your  Excellency,  and  to  the  people  of  Texas,  and 
to  all  those  with  whom  I  have  sympathized  and  served  and  suf 
fered  in  that  struggle,  I  have  a  right  to  appeal  for  the  adoption 
of  such  a  line  of  policy,  on  our  part,  as  will  secure  the  restora 
tion  of  liberty  to  our  country,  the  recognition  of  the  rights  of 
our  people  as  citizens  of  the  United  States,  the  preservation  of 
what  little  property  we  have  left,  and  the  restoration  of  peace, 
order  and  prosperity  to  the  country  again ;  or,  if  we  fail  in  the 
attainment  of  these  great  ends,  as  will  show  to  the  world  and  to 
posterity  that  we  had  done  all  that  could  reasonably  and  right 
fully  have  been  demanded  of  us  in  order  to  their  attainment. 

To  this  end  I  would  urge  you  to  use  your  great  influence,  and 
that  of  your  official  position,  to  induce  the  legislature,  now  in 
session, 

First,  to  pass  such  laws,  in  execution  of  the  provisions  of  our 
recently  adopted  constitution,  as  will  give  the  negroes  full  and 
perfect  protection  in  their  persons,  rights  and  property,  and  free 
access  to  the  same  courts  on  the  same  terms  with  the  whites. 

Second,  as  would  cause  them  to  be  received  as  witnesses  in 
the  courts  on  the  same  conditions  in  all  cases  as  the  whites,  mak 
ing  no  objection  to  the  admissibility  of  their  testimony  on  ac 
count  of  their  color  or  race,  and  leaving  it,  as  is  the  case  with 
all  others,  subject  to  the  test  of  credibility. 

Third,  the  adoption  of  such  a  test  as  will  require  all  those  who 
shall  hereafter  be  admitted  to  the  exercise  of  the  elective  fran 
chise  to  be  able  to  read  intelligently  in  the  English  language,  and 
to  have  paid  all  taxes  due;  making  this  test  applicable  to  all, 
without  distinction  of  race  or  color. 

Fourth,  equal  taxation  in  all  respects  upon  whites  and  ne 
groes,  and  the  setting  apart  for  the  education  of  negroes  of  that 
part  of  the  fund  collected  from  them;  and  provisions  for  em 
ploying  this  fund  for  their  education  as  soon  as  it  shall  become 
large  enough  to  be  made  available. 

There  is  reason  to  hope  that  the  adoption  of  these  provisions 
would  be  accepted  by  the  Northern  people  and  by  the  Govern 
ment  as  a  sufficient  guarantee  that  our  people  had  accepted  the 
results  of  the  war  in  good  faith,  and  had  in  this  done  every 
thing  that  could  be  done  by  them  to  give  full  freedom,  security 


306  MEMOIRS   BY   JOHN    H.    REAGAN 

and  protection  to  the  negroes,  and  to  encourage  them  to  industry 
and  self-support,  and  to  mental  and  moral  improvement ;  and  if 
partisan  spirit  and  animosity  should  for  the  present  induce  the 
majority  of  Congress  to  refuse  to  accept  the  adoption  of  these 
measures,  with  those  which  have  heretofore  been  adopted,  as 
sufficient  to  entitle  us  to  representation  in  Congress,  and  to  all 
the  privileges  of  local  self-government  which  are  enjoyed  by  the 
other  States  and  the  people  of  the  Union,  and  to  the  protection 
of  the  Constitution  and  laws  of  the  United  States,  it  would  be 
made  clear  to  the  world,  and  to  the  judgment  of  all  just  and 
impartial  men,  that  it  was  not  for  any  fault  of  ours,  but  because 
they  had  determined  to  persecute  and  oppress  a  conquered  peo 
ple,  and  to  that  end  to  subvert  the  Constitution  and  establish 
military  government  over  all  these  States,  and  thus  to  inaugu 
rate  a  policy  which  must,  as  long  as  persisted  in,  prevent  the  pay 
ment  of  the  national  debt  by  diverting  the  public  funds  to  the 
payment  of  the  expenses  of  the  large  army  and  great  number 
of  officers  which  would  be  required  to  carry  out  their  policy,  and 
by  the  impoverishment  of  so  large  a  section  of  the  Union,  and 
the  destruction  of  its  resources  to  such  an  extent  as  to  render  it 
unable  to  contribute  in  any  considerable  degree  to  the  revenues 
of  the  country;  to  increase  the  bitterness  of  feelings  between 
the  sections,  and  encourage  feelings  of  hostility  between  the 
whites  and  the  negroes,  which  would  probably  lead  to  a  war  of 
races ;  to  create  a  longing  by  the  oppressed  for  a  war  between 
the  United  States  and  foreign  powers,  which  would  give  them 
a  chance  to  better  their  condition  by  a  change  of  government,  or 
at  least  change  their  master,  and  as  would  necessarily  lead  to 
fundamental  changes  in  the  character  of  the  Government,  and  to 
the  ultimate  loss  of  liberty  to  the  whole  people,  and  to  the  de 
struction  of  our  system  of  free  republican  government,  and  the 
crushing  under  some  form  of  monarchy,  or  swallowing  up  in 
the  terrible  maelstroms  of  anarchy  of  this  fair  fabric  of  political 
and  religious  liberty,  whose  Constitution  and  early  history  would 
be  the  only  monument  of  the  wisdom,  virtue  and  patriotism  of  its 
founders. 

And  these  considerations,  and  others  which  connect  them 
selves  with  these  and  must  be  apparent,  must  address  themselves 
to  the  thinking  men  of  the  North,  and  I  have  no  doubt  will  en 
able  them  to  convince  the  less  wise  and  more  reckless  of  the  ne 
cessity  of  accepting  these  terms,  and  of  so  avoiding  the  great 
evils  and  dangers  which  now  lie  before  us,  and  of  securing  to 
themselves  and  to  us  the  great  blessings  which  would  follow. 


APPENDIX    E  307 

In  relation  to  the  first  of  the  foregoing  propositions,  the  con 
stitution  of  this  State,  recently  adopted  by  the  vote  of  the  peo 
ple,  provides,  Article  VIII,  Section  i,  as  follows: 

African  slavery,  as  it  has  heretofore  existed,  having  been  termi 
nated  in  this  State  by  the  Government  of  the  United  States  by  force 
of  arms,  and  its  re-establishment  being  prohibited  by  the  amendment 
to  the  Constitution  of  the  United  States,  it  is  declared  that  neither 
slavery  nor  involuntary  servitude,  except  as  a  punishment  for  crime, 
whereof  the  party  shall  have  been  duly  convicted,  shall  exist  in  this 
State;  and  Africans  and  their  descendants  shall  be  protected  in  their 
rights  of  person  and  property  by  appropriate  legislation;  they  shall 
have  the  right  to  contract  and  be  contracted  with,  to  sue  and  be  sued, 
to  acquire,  hold,  and  transmit  property ;  and  all  criminal  prosecutions 
against  them  shall  be  conducted  in  the  same  manner  as  prosecutions 
for  like  offenses  against  the  white  race,  and  they  shall  be  subject  to 
like  penalties. 

It  is  incumbent  on  the  legislature  to  provide,  by  the  appro 
priate  legislation  mentioned  in  this  article  of  the  Constitution, 
for  carrying  it  into  effect,  as  well  as  to  secure  the  great  ends 
therein  proposed  to  be  effected  by  it.  The  legislature  of  the 
State  of  South  Carolina,  at  its  recent  session,  impressed  with  a 
sense  of  the  necessity  of  such  a  measure,  passed  an  act  as  fol 
lows  : 

IV.  The  statutes  and  regulations  concerning  slaves  are  now  inappli 
cable  to  persons  of  color;  and  although  such  persons  are  not  entitled 
to  social  or  political  equality  with  white  persons,  they  shall  have  the 
right  to  acquire,  own,  and  dispose  of  property;  to  make  contracts;  to 
enjoy  the  fruits 'of  their  labor;  to  sue  and  be  sued;  and  to  receive 
protection  under  the  law  in  their  persons  and  property. 

V.  All  rights  and  remedies  respecting  persons  or  property,  and  all 
duties   and   liabilities   under   law,   civil   and  criminal,    which   apply  to 
white  persons,  are  extended  to  persons  of  color,  subject  to  the  modi 
fications  made  in  this  act  and  other  acts  hereinbefore  mentioned. 

The  action  of  this  gallant  State  may  well  furnish  a  persuasive 
example  to  others  similarly  situated,  and  exhibits  a  good  sense 
equal  to  the  patriotism  shown  by  her  people  in  our  contest  for 
independence. 

On  the  second  of  the  foregoing  propositions  our  recent  con 
vention  provides  in  the  constitution,  Article  VIII,  Section  2, 
that: 

Africans  and  their  descendants  shall  not  be  prohibited,  on  account 
of  color  or  race,  from  testifying  as  witnesses,  in  any  case,  civil  or 
criminal,  involving  the  right  of  injury  to,  or  crime  against,  any  of 
them,  in  person  or  property,  under  the  same  rules  of  evidence  that 


308  MEMOIRS    BY    JOHN    H.    REAGAN 

may  be  applicable  to  the  white  race;  the  credibility  of  their  testimony 
to  be  determined  by  the  court  or  jury  hearing  the  same;  and  the 
legislature  shall  have  power  to  authorize  them  to  testify  as  witnesses 
in  all  other  cases,  under  such  regulations  as  may  be  prescribed,  as  to 
facts  hereafter  prescribed,  as  to  facts  hereafter  occurring. 

The  delusion  prevails  extensively  with  the  public  that  this 
clause  of  the  constitution  only  allows  negroes  to  testify  as  be 
tween  negroes,  and  not  against  white  persons,  but  its  provisions 
are  that  they  shall  "Testify  orally  as  witnesses  in  any  case,  civil 
or  criminal,  involving  the  right  of,  injury  to,  or  crime  against 
any  of  them  in  person  or  property,  under  the  same  rules  of  evi 
dence  as  may  be  applicable  to  the  white  race'' — and  it  matters 
not  whether  the  right,  injury  or  crime  be  effected  by  the  act  of  a 
white  person  or  negro,  if  it  is  an  injury  to  a  negro  the  testimony 
of  a  negro  is  to  be  received  in  relation  to  it.  And  as  the  testi 
mony  of  negroes  is  to  be  received  against  white  persons  in  all 
cases  where  persons  of  their  race  are  parties,  under  this  pro 
vision  it  would  seem  that  this  privilege  was  secured  to  them  in 
the  cases  in  which  their  prejudices  would  be  most  likely  to  be 
enlisted,  involving  the  rights  of  their  own  race,  and  that  there 
would  be  even  less  danger  in  allowing  them  to  testify  in  cases 
between  white  persons,  for  in  such  cases  they  might  be  expected 
to  be  less  partial  and  prejudiced,  because  in  them  the  rights  of 
none  of  their  own  race  would  be  involved. 

On  this  point  the  above-quoted  act  of  the  legislature  of  South 
Carolina  provides  that : 

All  persons  heretofore  known  in  law  in  this  State  as  slaves,  or  as 
free  persons  of  color  *  *  *  shall  be  affiants  and  give  evidence  the 
same  as  white  persons. 

The  adoption  of  this  principle  is  not  only  necessary  in  order  to 
meet  the  demands  of  the  Northern  public  opinion,  but  since  the 
recent  change  of  the  relations  of  the  negroes  to  the  Government 
and  society,  is  wise  and  necessary  as  our  own  local  policy,  be 
cause  it  will  cause  the  negroes  to  feel  an  increased  sense  of  se 
curity  among  us,  and  to  confide  in  us  as  friends ;  and  be 
cause  it  will  facilitate  in  many  cases  the  attainment  of  the  ends 
of  justice  and  serve  as  an  additional  check  on  vice  and  crime. 
Suppose,  for  example,  that  a  white  man  should  employ  a  negro 
to  do  an  act  of  malicious  mischief,  or  to  commit  a  crime  against 
another  white  man,  and  that  this  fact  was  known  only  to  negroes. 
The  guilty  employer  of  the  base  instrument  must  go  unpunished, 
unless  negroes  are  allowed  to  testify  in  cases  between  white  per- 


APPENDIX    E  309 

sons.  Or  suppose  one  white  person  should  commit  an  assault, 
or  battery,  or  murder,  on  another  white  person,  or  a  theft,  arson 
or  burglary,  and  this  should  be  known  only  to  negroes.  Should 
the  offender  go  unpunished  ?  And  this  enlargement  of  the  rule 
allowing  all  persons  to  testify  who  may  have  knowledge  of  the 
facts  of  the  case  is  in  accordance  with  the  tendency  of  modern 
legislation  and  judicial  decisions  in  all  enlightened  countries. 

In  reference  to  the  third  position,  I  have  to  repeat  substan 
tially  what  I  said  in  my  letter  from  Fort  Warren — that  I  under 
stand  the  sincere  opposition  of  our  people  to  conferring  the  elect 
ive  franchise  on  the  negroes,  even  under  a  test  of  intelligence, 
on  account  of  the  ignorance  of  the  great  mass  of  them,  and  their 
want  of  information  and  experience  in  matters  of  government 
and  law,  and  everything  which  pertains  to  the  interests  of  society 
at  large,  and  more  especially  on  account  of  the  difficulties  which 
arise  from  the  pride  of  race,  and  from  our  traditional  aversion  to 
anything  which  seems  to  tend  to  political  equality  with  an  igno 
rant  and  degraded  people,  who  have  been  for  ages  slaves,  and 
for  the  most  part  limited  in  their  employments  to  the  ruder  sorts 
of  labor  and  to  menial  offices.  No  one  can  be  more  sensible  than 
myself  of  the  great  danger  to  our  system  of  government,  and  to 
the  best  interests  of  society,  of  conferring  the  right  of  suffrage 
on  the  whole  mass  of  our  negro  population — or  of  universal  suf 
frage,  as  it  is  called.  Of  the  effects  of  such  policy  we  have  the 
saddest  warning  in  the  history  of  Mexico,  and  of  Central 
America  and  the  South  American  States,  where  the  zeal  for  lib 
erty  and  progress  induced  these  governments  to  clothe  with  the 
elective  franchise  the  native  Indians,  who  were  both  uneducated 
and  unacquainted  with  political  matters,  and  especially  with  sys 
tems  of  free  popular  government,  where  they  formed  numeri 
cally  a  large  element,  and  on  the  negroes  and  mixed  bloods,  who, 
though  less  numerous,  were  possibly  more  ignorant  than  the  In 
dians.  From  this  great  error  sprung  chiefly,  no  doubt,  the  suc 
cession  of  revolutions  and  wars  in  these  countries,  often  the  most 
bloody  and  cruel,  which  have  continued  for  more  than  half  a 
century,  and  from  which  the  patriot  and  philanthropist  can 
hardly  look  with  hope  to  a  future  which  shall  promise  repose, 
security  and  happiness  to  their  people. 

The  intelligence  of  the  white  race  with  us,  and  its  education 
in  and  long  exercise  of  the  privileges  and  duties  of  citizens  of  a 
government,  and  their  preponderance  in  numbers  and  the  in 
fluence  they  may  retain  over  the  negroes  by  a  wise  and  liberal 
policy  toward  them,  might  make  the  danger  of  conferring  the 


310  MEMOIRS    BY    JOHN    II.    REAGAN 

elective  franchise  on  them  less  than  it  was  with  the  people  of 
these  countries,  where  even  the  Europeans  and  intelligent  classes 
did  not  understand  the  principles  of  free  popular  self-govern 
ment,  and  had  no  experience  in  the  exercise  of  the  duties  of  citi 
zens  and  legislators  in  and  for  such  a  government.  Republics, 
of  all  governments,  require  the  greatest  amount  of  intelligence 
and  moral  virtue  in  their  people  to  give  them  stability  and  pre 
serve  them  from  decay,  and  no  one  can  doubt  the  evil  influence, 
and  even  the  great  danger  to  the  permanency  of  our  system  of 
government,  and  to  the  preservation  of  popular  liberty,  of  ad 
mitting  to  the  exercise  of  the  elective  franchise  the  whole  body 
of  negroes  in  the  Southern  States.  And  nothing  short  of  the 
necessity  of  preserving  the  rights  of  the  white  race,  and  of 
avoiding  a  change  of  the  relative  position  of  the  two  races,  could 
justify  us  in  consenting  to  it. 

With  these  facts  and  reasons  before  us,  on  the  one  side,  we 
have,  on  the  other,  our  own  condition,  with  a  limited  control  of 
our  State  government,  which  may  be  terminated  at  any  time  by 
a  Congress  in  which  we  have  no  voice;  the  jurisdiction  of  the 
Freedmen's  Bureau,  and  that  under  the  Civil  Rights  Law  ex 
tended  over  us,  both  foreign  to  our  system  of  free  government, 
destructive  of  the  principles  which  give  security  to  person  and 
property,  and  dangerous  to  liberty ;  a  crusade  being  now  prac 
ticed  against  us  by  reckless  Northern  agitators,  who  are  igno 
rant  of  the  spirit  with  which  we  again  offer  our  allegiance  to  a 
common  government,  of  the  condition  we  are  in,  and  of  the  ne 
cessities  of  our  situation,  and  unwilling,  it  would  seem,  to  accept 
any  assurances  we  can  give  them ;  by  Northern  office-holders  in 
the  South  interested  in  the  perpetuation  of  their  power  and  sal 
aries  ;  by  Southern  correspondents  of  Northern  newspapers,  who 
retain  their  employment  by  furnishing:  falsehoods  to  keep  alive 
Northern  agitation,  and  by  the  Southern  men,  who,  embittered 
against  their  fellow-citizens  and  neighbors,  have  gone  North  to 
gain  notoriety  and  the  applause  of  the  rabble,  with  most  prob 
ably  the  expectation  of  returning  as  a  sort  of  pro-consul,  to  rule 
when  the  State  government  shall  be  annulled,  and  we  are  placed 
under  military  rule,  fulminating  in  the  name  of  Southern  loy 
alty,  the  grossest  and  most  wicked  falsehoods  against  us,  invok 
ing  war,  confiscation  and  death  on  the  Southern  people,  and  ap 
pealing  to  the  Northern  people  for  universal  negro  suffrage  and 
proscription  of  large  numbers  of  the  Southern  people  from  the 
same  right  as  the  widest  ground  on  which  those  States  and  peo 
ple  shall  be  restored  to  such  rights  as  may  be  left  them.  And  in 


APPENDIX    E  311 

addition  to  these,  we  see  from  all  our  sources  of  information 
that  the  right  of  the  negroes  among  us  to  vote  in  some  form  is 
demanded,  and  has  been  steadily  since  the  close  of  the  war,  in 
some  form,  as  a  sine  qua  non  to  the  giving  us  the  security  and 
protection  of  the  Constitution  and  laws,  and  to  our  States  their 
equal  position  in  the  Union. 

Now  it  becomes  us  to  consider  whether  we  cannot  satisfy  this 
demand,  and  at  the  same  time  to  avoid  the  loss  of  our  own  rights 
and  the  dangers  of  universal  negro  suffrage.  I  think  this  can  be 
done  by  conferring  the  elective  franchise  on  those  of  them  who 
are  possessed  of  sufficient  intelligence  to  exercise  it,  and  by 
making  the  test  which  shall  secure  this  standard  of  intelligence 
to  apply  to  such  of  the  white  race  as  shall  hereafter  be  admitted 
to  its  exercise ;  for  a  limitation  which  would  only  affect  the  ne 
groes,  and  would  allow  whites  of  a  less  degree  of  intelligence, 
according  to  the  standard  adopted,  to  vote,  would  do  no  good 
toward  securing  the  great  ends  we  desire  to  attain.  And  I  have 
not  doubted,  since  after  our  overthrow,  that  we  had  sooner  or 
later  to  concede  negro  suffrage  in  this  qualified  form,  and  uni 
versal  negro  suffrage.  And  I  now  tell  you  that  those  who  op 
pose  negro  suffrage  in  this  qualified  form  elect  by  this  act  to 
force  universal  negro  suffrage  on  the  country,  and  ought  to  be 
and  will  be  held  responsible  by  our  people  for  it  when  it  comes, 
and  they  ought  no  longer  be  allowed  to  shield  themselves  under 
pretended  ignorance  from  the  consequences  of  such  criminal 
demagoguery.  And  if  this  plan,  or  some  equivalent  one,  be  not 
adopted  by  our  legislature,  the  day  is  not  distant  when  the  peo 
ple  of  this  State  will  hold  them  responsible  for  having  refused  to 
see  and  comprehend  these  facts,  and  thereby  forcing  on  the  State 
the  disfranchisement  of  the  whites,  as  well  as  universal  negro 
suffrage. 

It  is  known  that  many  Northern  men  who  support  the  radical 
party  and  policy  would  accept  this  plan  as  equitable,  and  as  con 
ferring  the  elective  franchise  on  all  now  capable  of  exercising  it 
with  safety  to  the  public  interests,  while  its  tendency  would  be 
to  induce  others  to  qualify  themselves  for  this  exercise,  and  thus 
to  elevate  this  race,  if  that  be  practicable,  in  the  scale  of  intelli 
gence,  and  in  every  way  the  better  to  fit  them  for  the  duties  and 
responsibilities  of  citizenship. 

Mr.  Greeley,  one  of  the  ablest  and  most  sincere  friends  of  the 
negro  race,  has,  through  the  Tribune  newspaper,  which  exer 
cises  a  very  large  influence  over  Northern  sentiment  on  this  sub 
ject,  expressed  his  willingness  to  concur  in  this  plan.  And  it 


312  MEMOIRS    BY   JOHN    H.    REAGAN 

would  have  the  support  of  the  example  of  a  number  of  the 
Northern  States,  including  Massachusetts,  in  which  such  tests 
are  prescribed,  and  of  the  fact  that  no  Northern  State  has  yet 
conferred  the  right  of  suffrage  on  negroes,  except  under  tests 
of  intelligence,  or  of  property  qualifications,  intended  to  secure 
its  intelligent  exercise — and  reason,  good  policy  and  a  decent 
respect  for  public  opinion  would  conspire  to  prevent  them  from 
insisting  on  a  broader  rule  for  us,  where,  on  account  of  the 
great  number  of  negroes,  the  danger  would  be  greater  than  for 
themselves. 

In  relation  to  the  fourth  of  the  above  propositions,  the  con 
stitution  of  this  State  provides,  Article  VII,  Section  27,  that : 

Taxation  shall  be  equal  and  uniform  throughout  the  State.  All 
property  in  this  State  shall  be  taxed  in  proportion  to  its  value,  to  be 
ascertained  or  directed  by  law,  except  such  property  as  two-thirds  of 
both  houses  of  the  legislature  may  think  proper  to  exempt  from  taxa 
tion.  The  legislature  shall  have  power  to  lay  an  income  tax,  and  to 
tax  all  persons  pursuing  any  occupation,  trade  or  profession;  provided 
that  the  term  occupation  shall  not  be  construed  to  apply  to  pursuits 
either  agricultural  or  mechanical. 

This  provision  of  the  constitution  precludes  the  necessity  of 
any  argument  to  enforce  the  principle  of  equal  taxation  on  all. 

On  the  other  branch  of  this  proposition  the  constitution  pro 
vides,  Article  X,  Section  7,  that : 

The  legislature  may  provide  for  levying  a  tax  for  educational  pur 
poses  ;  provided  the  taxes  levied  shall  be  distributed  from  year  to  year, 
as  the  same  may  be  collected ;  and  provided,  that  all  the  sums  arising 
from  said  tax,  which  may  be  collected  from  Africans  or  persons  of 
African  descent,  shall  be  exclusively  appropriated  for  the  maintenance 
of  a  system  of  public  schools  for  Africans  and  their  children,  and  it 
shall  be  the  duty  of  the  legislature  to  encourage  schools  among  these 
people. 

The  carrying  into  effect  of  these  two  provisions  of  the  con 
stitution,  by  the  necessary  legislation,  would  cover  my  fourth 
and  last  proposition.  The  first  provision  must,  of  course,  be 
carried  into  effect  by  the  present  legislature,  in  providing  for 
the  assessment  and  collection  of  the  taxes  necessary  for  the  cur 
rent  support  of  the  government.  Weighed  down,  as  we  are  at 
the  present,  under  poverty  and  disabilities,  and  National  and 
State  indebtedness  and  taxation,  it  could  hardly  be  expected  that 
the  legislature  would  now  carry  into  effect  the  latter  provision 
by  imposing  an  additional  tax  for  educational  purposes ;  and  it 


APPENDIX    E  313 

may  be  found  necessary  to  defer,  until  times  of  greater  pros 
perity,  the  carrying  out  of  its  wise  and  beneficial  provisions,  in 
the  spirit  of  the  section  of  the  constitution  above  quoted. 

Such  legislation  will  carry  into  effect  the  provisions  of  the 
constitution  quoted  in  the  examination  of  these  several  proposi 
tions,  giving  the  same  legal  protection  to  the  persons,  property 
and  rights  of  the  negroes  which  is  secured  to  the  whites ;  the 
same  remedies  for  their  enforcement,  the  same  privilege  of  testi 
fying  in  the  courts,  and  the  same  rule,  under  whatever  test  the 
legislature  may  see  proper  to  adopt,  for  admitting  them  in  fu 
ture  to  the  exercise  of  the  elective  franchise  which  shall  be  ap 
plied  to  the  whites.  If  these  measures  shall  be  adopted  at  its 
present  session  before  the  opening  of  next  Congress,  and  be 
fore  the  renewal  of  Congressional  action  and  agitation  on  these 
subjects,  they  could  not  fail  to  have  a  most  beneficial  effect  on 
the  interests  of  our  State  and  people,  and  might  secure  the  early 
admission  of  our  Senators  and  Representatives  to  their  seats  in 
Congress,  and  the  removal  of  many  of  our  present  embarrass 
ments,  and  satisfy  Congress,  as  fully  as  would  our  adoption  of 
the  proposed  amendment  of  the  Constitution  of  the  United 
States,  of  our  good  faith  and  loyalty  to  the  Federal  Government, 
and  thus  preserve  the  rights  of  the  large  class  of  our  citizens 
who  would  be  disfranchised  by  the  adoption  of  that  amendment. 
And  who  will  doubt  that  the  adoption  of  these  measures  would 
be  more  wise  and  beneficial  to  our  people  than  to  refuse  to  adopt 
them  and  remain  under  our  present  disabilities  and  liability  to 
the  adoption  of  the  constitutional  amendment,  and  to  the  hor 
ror  of  the  plan  of  Mr.  Stephens,  of  Pennsylvania,  for  the  final 
settlement  of  our  past  troubles,  which  would  involve  us  in  new 
disasters  infinitely  surpassing  in  cruelty  and  atrocity  anything 
we  have  yet  experienced,  by  declaring  our  State  governments 
nullities,  putting  our  people  under  military  rule,  confiscating  the 
property  of  those  who  participated  in  our  recent  struggle,  and 
applying  it  to  the  payment  of  the  expenses  and  damages  of  the 
war,  and  by  conferring  on  the  negroes  all  the  franchises  which 
we  have  heretofore  enjoyed,  and  making  them  our  superiors  and 
rulers. 

Frightful  and  horrible  as  this  picture  is,  our  people  ought  now 
to  be  admonished,  by  what  is  daily  transpiring  in  the  Northern 
States,  that  its  realization  is  possible,  unless  they  take  such  steps 
as  are  in  their  power  to  avert  such  a  calamity.  And  if  our  legis 
lature  should  fall  so  far  below  its  duty,  and  the  emergency  of 
the  times,  as  to  neglect  the  performance  of  these  duties,  the  peo- 


314  MEMOIRS    BY    JOHN    H.    REAGAN 

pie  of  the  State,  in  mass-meetings,  should  demand  of  them  the 
necessary  action  or  their  resignation,  in  order  that  their  places 
may  be  filled  by  those  who  will  act.  And  let  it  be  borne  in  mind 
that  the  adoption  of  these  measures  will  deprive  no  white  man 
of  a  single  right  which  he  now  possesses,  and  may  be  the  means 
of  restoring  to  them  many  rights  which  are  now  withheld  from 
them  and  that  they  only  enlarge  the  rights  of  others  so  as  to  bene 
fit  them  and  the  public  at  large.  And  let  the  question  be  asked  by 
every  citizen  of  himself  if  he  can  object,  on  the  score  of  any  in 
fringements  of  his  own  rights,  to  these  measures,  and  if  his  only 
objection  does  not  arise  from  his  prejudices  and  passions.  And 
then  let  him  ask  himself  if  his  prejudices  and  passions  prevent 
him  from  doing  justice  to  others,  from  adopting  a  wise  policy 
for  our  own  local  interests,  and  a  policy  which  may  save  us  from 
misfortunes  and  sorrow,  from  the  contemplation  of  which  our 
minds  turn  away  with  dread  and  horror,  whether  it  lies  in  his 
mouth  to  complain  of  wrongs  done  to  us  through  the  prejudices 
and  passions  of  others,  and  whether,  if  our  own  folly  shall  in 
voke  on  us  more  troubles  and  sorrow,  we  can  or  ought  to  expect 
the  sympathy  of  mankind  when  they  come. 

There  is  one  more  argument  I  would  address  to  those  who 
may  be  influenced  by  selfish  motives,  and  who  may  be  unable 
or  unwilling  to  act  upon  reasons  of  justice,  sound  policy  and  pa 
triotism.  I  fear  it  is  too  true,  here,  as  well  as  elsewhere,  that  in 
a  popular  government  like  ours  there  are  too  many  seeking  po 
sitions  of  public  trust  and  honor  who  will  assent  to  and  advo 
cate  any  principles,  or  oppose  any  policy,  if  by  doing  so  they 
can,  for  the  time  being,  secure  their  promotion  to  or  continuance 
in  office.  And  such  men  understand  that  the  passions  of  men 
are  more  easily  acted  on  than  their  reason,  and  are  far  more 
likely,  in  the  masses  of  men,  to  influence  them  than  their  reason. 
This  is  one  of  the  great  evils  to  be  guarded  against  in  our  sys 
tem  of  government,  and  the  adoption  or  the  rejection  of  this 
theory,  in  the  practice  of  public  men,  marks  the  boundary  be 
tween  the  patriot  and  the  demagogue.  To  such  men  I  would 
say,  whether  they  now  hold  office,  or  expect  in  the  future  to 
do  so,  they  might  do  well  to  inquire  whether  a  refusal  to  adopt 
such  measures  as  will  propitiate  Northern  sentiment  may  not 
cause  all  those  in  office  to  be  turned  out,  and  those  who  expect 
to  hold  official  positions  in  the  future  to  be  rendered  incapable 
of  holding  them  by  the  adoption  of  the  constitutional  amend 
ment,  or  even  by  more  prescriptive  measures.  And  if  there  be 
any  now  in  our  legislature  who  would  sacrifice  the  public  good, 


APPENDIX    E  315 

either  from  moral  cowardice,  or  because  of  the  wish  to  pander 
to  the  passions  and  prejudices  of  their  constituents,  and  secure 
their  reelection  to  office,  they  may  well  inquire  whether  there 
will  be  another  legislature  convened  under  our  authority,  if  we 
refuse  to  adopt  such  measures  as  those  above  recommended,  and 
whether,  if  this  should  be,  they  may  not  be  rendered  ineligible 
to  a  seat  in  it 

In  any  event,  let  all  remember  that  though  reason  may  be 
stifled  and  overborne  for  the  time  it  will  sooner  or  later  assert 
its  power  over  the  popular  mind,  and  that  those  who  lead  in  the 
clamor  against  it  are  always  the  first  victims  of  popular  opinion 
when  it  resumes  its  sway.  Your  Excellency  and  the  members 
of  the  legislature  have  accepted  the  responsibilities  of  your 
several  positions,  and  cannot  shrink  from  them  if  so  inclined; 
and  failure  to  act  wisely,  boldly  and  promptly  in  these  matters 
will  unfold  to  you  and  them,  in  the  near  future,  the  terrible  ex 
tent  of  that  responsibility  to  yourselves,  and  its  effect  on  our 
people  and  State. 

I  have  spoken  plainly  and  strongly,  and  avoided  glittering 
generalities,  because  the  condition  of  our  people  and  country  de 
mands  of  every  one  who  would  discuss  our  situation,  and  the 
remedies  for  it,  truth  and  fidelity  to  principles,  candor  and  di 
rectness,  and  because  I  have  no  ends  to  serve  but  those  of  my 
country.  On  my  own  account  I  would  gladly  have  shrunk  from 
the  responsibility  of  sending  you  this  paper,  and  from  giving  it 
to  the  public,  which  it  is  my  expectation  to  do ;  but  duty  to  my 
family,  and  friends  and  fellow-citizens  would  not  allow  me  to 
longer  remain  silent  when  everything  dear  to  us  is  at  stake,  and 
when,  so  far  as  I  know,  no  voice  is  being  raised  in  this  direction 
to  save  us.  I  do  not  forget  that  when  fourteen  months  ago  I  ad 
dressed  similar  opinions  to  the  people  of  our  State  they  not  only 
rejected  them,  but  many  impugned  the  motives  which  induced 
me  to  write  them.  But  if  human  experience  and  reason  are 
worth  anything,  when  they  re-read  that  letter  now,  in  the  light 
of  events  which  have  transpired  in  that  time,  and  in  view  of 
the  prospects  before  us,  they  will  hardly  question  its  wisdom,  or 
the  purity  of  the  motives  which  induced  me  to  write  it.  If  they 
should  do  so  I  may  be  excused  for  saying  that  I  have  been  a 
citizen  of  Texas  for  more  than  twenty-seven  years ;  that  for 
more  than  twenty  years  of  that  time  I  have  filled  various  public 
offices ;  that  for  fifteen  years  of  that  time  I  have  filled  official 
positions  of  high  public  trust,  in  the  State,  in  the  United  States 
and  in  the  Confederate  governments ;  that  I  have  tried  to  per- 


316  MEMOIRS    BY    JOHN    H.    REAGAN 

form  faithfully  all  the  duties  which  these  positions  devolved 
on  me,  and  to  execute  faithfully  every  trust  which  was  confided 
in  me.  I  think  my  fellow-citizens  will  accord  me  the  honor  of 
having  never  advocated  a  measure  simply  because  it  was  popu 
lar,  and  of  not  having  declined  to  avow  my  opinions  on  public 
questions  because  they  were  unpopular,  when  my  duty  required 
me  to  speak.  I  have  neither  deceived  a  friend  nor  betrayed  a 
trust,  public  or  private.  In  my  last  canvass  for  a  seat  in  Con 
gress  of  the  United  States  I  risked  whatever  of  popularity  I 
had  in  combating  measures  which  I  thought  led  to  disunion,  and 
the  advocacy  of  measures  designed  to  prevent  it.  But  when 
the  war  came  I  felt  that  we  were  the  proposed  victims  of 
aggression  and  wrong,  and  stood  by  my  section  in  the  defense 
of  our  rights,  of  the  graves  of  our  fathers  and  the  homes  of  our 
families.  I  did  all,  and  suffered  all  in  my  power  for  our  success, 
and  when  the  dreadful  crash  came,  and  many  were  seeking  their 
personal  safety,  I  stood  by  our  noble  and  heroic  chief  until  we 
were  made  prisoners  together,  preferring  whatever  fate  might 
befall  me  to  the  sacrifice  of  duty  and  manhood.  In  this  contest 
I  lost  nearly  all  the  available  means  I  had  for  the  support  of  my 
family.  I  have  suffered  imprisonment  and  peril,  and  am  still 
a  prisoner,  and  liable  to  trial  and  death  for  having  served  but 
too  faithfully  those  who,  since  my  letter  from  Fort  Warren,  have 
been  traducing  and  denouncing  me  for  it.  From  comfort  and 
plenty  I  am  reduced,  by  my  devotion  to  their  interests  and  cause, 
to  poverty  and  to  daily  toil  for  the  support  of  my  family.  With 
such  a  past  I  could  hardly  be  expected  to  engage  in  sentimental 
whinings  over  that  which  I  could  not  prevent — which  we  all 
could  not  prevent.  And  I  am  persuaded  that  when  that  past  is 
supported  by  such  facts  and  reasons  as  I  now  offer,  I  may  rea 
sonably  expect  that  what  I  may  say  in  behalf  of  my  suffering 
countrymen  and  the  land  of  my  home  and  hopes  will  not  again 
be  misunderstood  or  misconstrued. 
With  much  respect, 

Your  Excellency's  friend  and  obedient  servant, 

(Signed)  JOHN  H.  REAGAN. 


APPENDIX  F 
PENSACOLA  NAVY  YARD. 

The  House  Committee  on  Appropriations  submitted  a  report 
the  effect  of  which  was  to  do  away  with  the  navy  yard  at 
Pensacola,  Florida,  which  I  regarded  as  a  serious  mistake.  I 
secured  the  adoption  of  amendments  by  which  that  important 
navy  yard  was  continued  and  provided  for.  On  the  iQth  of 
May,  1876,  I  made  the  following  speech  on  that  subject: 

MR.  REAGAN.  Mr.  Chairman,  I  recognize  the  delicacy  of 
undertaking  to  oppose  in  any  of  its  parts  a  measure  recom 
mended  by  one  of  the  leading  committees  of  this  House ;  and  I 
would  not  offer  a  word  of  objection  to  the  bill  reported  by  the 
committee  if  I  did  not  feel  that  a  sense  of  duty  and  propriety 
required  this  to  be  done.  In  that  portion  of  the  bill  beginning 
with  line  43  it  is  provided : 

For  the  civil  establishment  at  the  navy  yards  at  Brooklyn,  New  York; 
League  Island,  Pennsylvania;  Norfolk,  Virginia,  and  Mare  Island, 
California,  $80,000;  and  for  the  protection  and  care  of  the  navy  yards 
not  enumerated,  $5,000.  And  the  Secretary  of  the  Navy  is  hereby 
directed  to  make  inquiry  as  to  the  best  method  of  making  sale  of  the 
navy  yards  at  Charleston,  Washington  and  Pensacola. 

I  shall  at  a  proper  time  propose  to  amend  this  portion  of  the 
bill  by  inserting  after  the  word  "California,"  in  the  forty-fifth 
line,  the  words  "and  Pensacola,"  and  by  increasing  the  appro 
priation  in  the  same  line  from  $80,000  to  $100,000.  I  shall 
propose  to  do  that  for  the  purpose  of  keeping  Pensacola  in  its 
position  as  one  of  the  navy  yards  to  be  used  for  repairs,  or,  if 
deemed  necessary,  for  repairs  and  construction.  I  shall  then 
propose  to  strike  out  in  line  fifty  the  words  "and  Pensacola," 
so  that  this  navy  yard  shall  not  be  included  in  the  list  of  those 
in  regard  to  which  the  Secretary  of  the  Navy  is  to  be  directed 
to  make  inquiry  as  to  the  best  method  of  making  sale  of  them. 


318  MEMOIRS    BY    JOHN    H.    REAGAN 

In  looking  into  this  subject,  Mr.  Chairman,  I  shall  not  attempt 
to  discuss  the  question  as  to  the  number  of  navy  yards  that 
there  ought  to  be  upon  the  Atlantic  coast.  That  there  ought  to 
be  one  upon  the  Gulf  of  Mexico  and  one  upon  the  Pacific  coast, 
will  not,  I  think,  be  controverted.  We  have  upon  the  Gulf  coast 
no  private  yards  in  which  the  war  vessels  of  the  Government 
can  be  repaired ;  and  in  this  age  of  the  world  we  need  for  the 
purposes  of  war  not  only  steam  vessels  but  ironclad  vessels. 
In  case  of  war  with  a  foreign  power,  if  one  of  our  vessels  in 
the  Gulf  squadron  should  become  crippled  or  disabled  in  any 
way,  such  a  vessel,  without  a  navy  yard  there  for  repairing  and 
refitting,  would  have  to  be  dropped  out  of  service  or  brought 
around  Cape  Sable  and  up  the  Atlantic  coast  to  a  place  where 
it  could  be  repaired,  losing  the  time  of  the  officers  and  crew, 
and  taking  the  perils  of  such  a  voyage  in  a  crippled  condition 
in  time  of  war. 

In  looking  at  our  national  necessities  I  may  be  excused  for 
calling  attention  for  a  moment  to  that  portion  of  the  United 
States.  The  Gulf  of  Mexico  may  well  be  termed  our  Mediter 
ranean,  a  great  sea  in  itself.  It  is  from  the  Atlantic  coast  of 
Florida  by  an  air  line  about  two  hundred  and  sixty  miles  west 
ward  to  Pensacola.  It  is  from  the  Atlantic  shore  of  Florida 
four  hundred  miles  by  an  air  line  westward  to  the  Mississippi. 
It  is  from  the  Atlantic  shore  of  Florida  seven  hundred  miles  to 
the  western  shores  of  the  Gulf  of  Mexico.  It  is  from  Cape 
Sable  westward  to  Galveston  eleven  hundred  miles  and  more 
across  the  Gulf  of  Mexico.  It  is  from  the  mouth  of  the 
Mississippi  River  southward  to  the  southern  part  of  the  Gulf 
of  Mexico  west  of  Yucatan  eight  hundred  miles  and  more,  and 
from  Pensacola  more  than  five  hundred  southeast  to  Cape  Sable. 
I  mention  this  to  show  the  magnitude  of  that  inland  sea,  bounded 
on  the  east  by  Florida,  by  the  islands  of  Cuba,  Hayti,  and  the 
other  West  India  islands,  and  by  the  peninsula  of  Yucatan ;  on 
the  south  by  Mexico  and  Texas  ;  and  on  the  north  by  Louisiana, 
Alabama,  Mississippi,  and  Florida. 

Upon  that  Gulf  there  is  now  a  large  commerce.  If  the  work 
going  on  for  the  deepening  the  mouth  of  the  Mississippi  River 
by  the  South  Pass  succeeds,  as  it  is  hoped  by  Mr.  Eads,  the 
projector  of  that  great  work,  it  may  succeed,  and  we  get  twenty- 
eight  feet  of  water  there  for  the  largest  class  of  vessels,  the 
amount  of  commerce  passing  out  of  the  great  and  fertile  valley 
of  the  Mississippi  to  the  open  ocean  will  be  almost  incredible. 
At  present  it  is  very  large.  If  the  work  going  on  at  Galveston 


APPENDIX    F  319 

shall  succeed  in  giving  the  depth  of  water  that  the  United  States 
engineers  believe  it  will  give,  this  commerce  will  be  still  further 
enlarged.  There,  too,  is  being  concentrated  the  commerce  of 
the  State  of  Texas,  with  its  present  population  of  a  million  and 
a  half  of  people,  and  with  an  increase  of  between  200,000  and 
300,000  a  year.  With  the  commerce  that  will  go  there  from 
the  Indian  Territory,  from  Kansas,  from  New  Mexico,  from 
the  northern  States  of  the  Republic  of  Mexico,  a  commerce  will 
be  centered  at  the  great  commercial  emporium  of  what  we  call 
the  "new  west"  only  less  than  that  which  will  be  poured  out  of 
the  mouth  of  the  Mississippi  River. 

Remember  that  on  our  entire  coast,  extending  from  Cape 
Sable  up  the  western  coast  of  Florida  and  along  the  coast  of 
Alabama,  Mississippi,  Louisiana  and  Texas  for  more  than 
fifteen  hundred  miles,  we  have  no  other  naval  station  of  ship 
yards  than  Pensacola.  That  has  a  fine  depth  of  water,  capable 
of  bearing  almost  any,  perhaps  any,  vessel  in  the  American 
Navy.  It  has  a  fine  harbor  and  roadstead.  It  is  a  fortified 
position,  well  secured  against  danger.  It  would  seem  that  our 
national  necessities  would  not  be  so  far  overlooked  as  to  destroy 
this  only  ship-yard  upon  that  extensive  coast. 

One  thing  more  I  desire  to  say  on  this  subject.  In  case  of 
war  with  a  foreign  naval  power  the  vulnerable  part  of  the 
United  States  is  upon  the  Gulf  coast.  A  war  inaugurated  now 
with  Great  Britain,  with  France  or  with  Spain,  unless  the  mouth 
of  the  Mississippi  River  was  protected  by  a  sufficient  number 
of  our  best  monitors,  would  be  as  easily  ascended  by  a  hostile 
fleet  of  war  vessels  as  it  was  by  the  Federal  fleet  during  the 
recent  interstate  war.  It  will  be  remembered  that  Fort  St. 
Philip,  Fort  Jackson,  and  other  batteries  along  the  shores  of 
the  Mississippi  were  not  sufficient  to  stay  the  progress  of  a 
fleet  composed  in  part  at  least  of  wooden  vessels. 

The  commerce  of  the  Mississippi  Valley  deserves  and  needs 
protection ;  and  when  I  speak  of  this  commerce  I  do  not  mean 
to  be  understood  as  speaking  alone  of  the  commerce  of  the 
country  bordering  on  the  Gulf  of  Mexico,  for  it  is  likewise  the 
commerce  of  Louisiana,  of  Arkansas,  of  Mississippi,  of 
Tennessee,  of  Kentucky,  of  Missouri,  and  of  all  the  rich  States 
which  lie  between  the  Ohio  and  the  Mississippi  and  to  the  west 
of  the  Mississippi,  which  finds  its  way  to  market  by  means  of 
that  unequaled  channel  of  commerce.  Protection,  therefore,  is 
necessary. 


320  MEMOIRS    BY   JOHN    H.    REAGAN 

Galveston,  the  other  point  I  mentioned  standing  second  in 
commercial  importance  to  New  Orleans  upon  the  Gulf,  is  in 
such  condition  to-day  that  war  vessels  could  bombard  and 
destroy  the  city  and  its  commerce.  I  have  not  spoken  of 
Mobile,  Brashear,  Sabine  Pass,  Indianola,  Corpus  Christi,  and 
the  other  towns  which  lie  upon  the  border  of  this  great  inland 
sea.  All  of  them  in  case  of  war  would  be  exposed  to  the 
ravages  of  an  enemy  and  incalculable  injury  could  be  done  to 
us,  for  many  of  them  are  to-day  without  a  particle  of  protection. 
Even  Galveston  to-day  has  not  a  single  gun  mounted,  and  not 
a  single  step  has  yet  been  taken  to  protect  it,  in  case  of  war, 
against  a  hostile  fleet. 

What  would  the  consequence  be  if  we  were  drawn  into  war, 
which  we  all  trust  may  not  happen  ?  For,  sir,  we  cannot  take 
to  ourselves  the  assurance  that  we  shall  be  exempt  from  war. 
Our  Government  occupies  a  position  which  makes  it  necessary 
that  it  should  deal  with  all  the  great  questions  which  interest  the 
nationalities  of  the  earth.  It  must  take  its  responsibility  in  dis 
posing  of  these  great  questions.  It  should  direct  its  commercial 
policy  to  more  intimate  relations  with  Mexico,  the  Central 
American  and  South  American  states,  so  that  instead  of  manu 
facturers  from  other  quarters  supplying  those  countries,  they 
should  come  from  New  England,  or  the  Middle  States.  It  seems 
to  me  there  is  no  reason  why,  under  a  wise,  prudent  and  proper 
policy,  we  should  not  control  the  vast  trade  of  those  countries, 
very  little  of  which  we  control  at  this  time.  In  our  intercourse 
with  them  we  must  grow  and  increase  ;  we  stand  liable  to  compli 
cations.  We  have  seen  that  we  were  liable  to  be  drawn  into  dif 
ficulty  on  account  of  the  trouble  in  the  island  of  Cuba.  We  can 
not  tell  but  danger  will  be  on  us  at  any  moment.  It  is  at  least 
prudent  in  time  of  peace  to  make  needful  and  reasonable  prep 
arations  for  war.  That  preparation  may  avert  what  might 
otherwise  fall  upon  us. 

A  great  power  like  this,  having  its  relations  with  the  whole 
civilized  world,  needs  and  must  have  a  navy.  It  should  have  one 
that  would  command  for  the  government  that  respect  due  to  one 
of  the  first  powers  of  the  earth.  If  we  have  such  a  navy  we  must 
provide  for  building  ships  of  war,  and  for  repairing  them.  I 
have  heard  it  suggested  in  conversation  that  this  might  be  done 
at  private  shipyards.  As  vessels  of  war  are  now  built,  we  can 
hardly  expect,  even  in  our  progressive,  go-ahead  country,  to  find 
private  shipyards  that  will  prepare  such  iron,  and  in  such  quan 
tities  as  will  be  necessary  for  the  construction  of  great  iron  war 


APPENDIX    F  321 

steamers.  If  we  are  to  have  these,  they  must  be  made  by  the 
Government,  at  least  in  large  part.  In  this  connection  let  me 
read  an  extract  from  the  report  of  the  Secretary  of  the  Navy, 
Gideon  Welles,  in  1866: 

For  the  construction  of  iron  and  armored  vessels,  it  can  only  be 
repeated  that  although  our  country  has  the  material  in  great  abundance, 
and  possesses  many  advantages  in  that  regard,  we  are  almost  wholly 
unprepared.  In  future  maritime  wars  the  contests  between  the  great 
naval  powers  for  supremacy  on  the  ocean  will  be  determined  chiefly 
by  iron-clad  or  armored  ships.  Our  turreted  vessels  or  monitors  will 
be  powerful  and  effective  for  harbor  and  coast  defense,  but  in  conflict 
with  any  European  power  our  countrymen  will  hardly  be  content  with 
mere  defensive  warfare. 

Armored  vessels  for  ocean  cruising  must  necessarily  be  of  large  size, 
which  cannot,  with  the  requisite  strength,  be  secured  in  wooden  struc 
tures-  If  attempted,  the  immense  mass  of  timber  must  rapidly  decay, 
and  the  cost  resulting  from  deterioration  will  be  such  as  no  economical 
and  prudent  nation  will  consent  to  sustain.  Ships  for  cruising  and 
offensive  operations  must  be  such  as  can  use  sails,  for  no  vessel  can 
long  keep  the  sea  under  steam  alone.  Such  vessels  as  are  here  suggested 
should  be  built  at  a  Government  establishment,  for  though  private 
enterprise  can  do  much  in  aid  of  the  Navy,  the  peculiarities  of  iron 
vessels  for  naval  purposes  are  such  that  private  parties  cannot  undertake 
the  work  unless  at  prices  which  will  cover  all  the  outlay  for  the  establish 
ment  as  well  as  the  vessel,  for  there  can  be  no  other  customer  than  the 
Government  for  such  work. 

In  this  view  of  the  subject  it  is  plainly  the  interest  of  the  Government 
to  erect  its  own  shops  and  machinery,  and  to  possess  its  own  establish 
ment  for  the  construction  of  its  iron  and  armored  naval  vessels.  Several 
years  of  preparation  will  be  required  to  provide  the  necessary  appliances 
for  such  an  establishment,  and  a  special  and  convenient  location,  with 
ample  area,  should  be  promptly  selected.  In  each  of  the  navy  yards  a 
dry-dock  is  indispensable,  and  for  a  steam  navy  there  should  be  suitable 
shops  and  accommodations  for  the  repair  of  vessels. 

I  read  this  much  from  the  report  of  Secretary  Welles  of  1866 
on  the  point  as  to  the  necessity  of  Government  navy  yards 
possessing  the  peculiar  machinery  necessary  to  the  building  of 
ships  of  war  such  as  are  used  in  modern  times.  While  I  have 
this  report  in  my  hand  I  will  also  read  an  extract  from  it  in 
regard  to  the  navy  yard  at  Pensacola.  After  going  on  at  some 
length,  reasoning  upon  the  necessity  for  establishing  the  navy 
yards  at  Norfolk  and  Pensacola,  he  uses  this  language : 

The  suppression  of  the  rebellion  and  the  reestablishment  of  that  peace 
and  unity  which  constitute  us  one  country  and  one  people,  make  it  a 
duty  to  restore  these  nat'onal  establishments  to  their  former  efficient 
condition.  In  so  far  as  there  was  reason  during  the  rebellion  for 


322  MEMOIRS   BY   JOHN    H.    REAGAN 

refusing  to  do  this,  because  insurrection  prevailed  in  the  region  where 
the  yards  are  situated,  that  reason  no  longer  exists.  True,  the 
expenditures  will  be  made  in  States  which  were  in  rebellion,  but  the 
rebellion  has  passed  away,  the  States  are  parts  of  the  Union,  and  the 
establishments  which  are  to  be  renovated  are  national  in  their  character 
and  of  general  interest  to  all.  Upon  the  Pensacola,  even  in  its  present 
ruinous  state,  we  must  depend  for  repairs  and  supplies  for  any  squadron 
we  may  employ  to  guard  the  ocean  outlet  of  the  great  Central  Valley 
of  the  Union  and  of  our  whole  coast  bordering  on  the  Gulf.  To  neglect 
to  put  that  yard  in  proper  condition  would  be  to  neglect  Iowa,  Illinois, 
and  the  States  north,  as  well  as  Louisiana  and  Mississippi. 

In  the  event  of  a  foreign  war  with  the  great  maritime  powers,  our 
country  would  labor  under  serious  disadvantages  were  we  without  a 
navy  yard  or  naval  station  in  the  Gulf.     A  naval  force  of  steamers— 
and    all    fighting   vessels   must    hereafter   be    steamers — could   not   be 
maintained  in  the  Gulf  without  frequent  repairs  and  supplies.     With 
no  navy  yard  in  the  Gulf,  the  disabled  vessels  would  necessarily  be 
withdrawn  from  their  station  and  compelled  to  proceed    to  a  Northern 
yard  for  refitment.    Besides  the  perils  incident  to  a  voyage  under  the 
circumstances,  with  an  enemy  on  the  coast,  the  services  of  the  ottu 
and  crews  as  well  as  of  the  vessel  itself,  would  be  lost  during  the  time 
she  might 'be  absent  in  going  to  and  returning  from  a   Northern  yard 
The  rebels  and  the  waste  of  war  have  devastated  the   Norfolk  aru 
Pensacola  navy  yards,  but  the  best  interests  of  the  service  and  the 
obligations  of  the  Government  are  not  less  imperative  now,  and  when 
peace  and  Union  are  restored,  to  place  them  in  proper  condition, 
to  be  hoped,  therefore,  that  liberal  appropriations  will  be  made  for  that 
purpose. 

While  reading  extracts  from  official  sources  I  will  call  atten 
tion  to  what  is  said  by  the  present  Secretary  of  the  Navy  in  his 
last  annual  report  in  regard  to  the  Pensacola  navy  yard. 


savs : 


Dur:n<r  the  past  year  the  old  hospital  building  within  the  walls  of  the 
yard  has  been  torn  down  and  destroyed,  and  a    new    hospital    erecte 
upon  the  ruins  of  one  without  the  walls,  destroyed  during  the  war. 

While   it  is   not  deemed  wise  to  place  this  yard   in   condition   for 
building  ships,  yet  it  is  considered   eminently  proper   that 
possess  all  requisite  facilities  for  docking  and  repairing  the  vess 
the  North  Atlantic  squadron.    Several  additional  buildings  are  necessary, 
and  estimates  are  submitted  for  another  timber-shed  and  a  mad 
shop  for  steam  engineering. 

It  is  hoped  that  two  sections  of  the  iron  sectional  dock  for  this  navy 
yard  will  be  finished  during  the  present  fiscal  year. 

Therefore  the  last  report  that  comes  from  the  Secretary  of 
the  Navy  sustains  the  one  made  several  years  ago  by  Secretary 
Welles  as  to  the  importance  and  necessity  of  preserving  that 
navv  vard,  at  least  for  repairs  and  supplies.  It  may  be  matt 


APPENDIX    F  323 

for  future  determination  how  far  construction  shall  go  on  there. 
Two  vessels  of  war  at  least  were  built  there  in  former  times. 
In  addition  to  the  necessity  of  a  naval  station  and  navy  yard  for 
the  repair  and  supply  of  vessels  on  that  vast  inland  sea  for  the 
protection  of  our  coast  cities  and  great  commerce,  it  may  be 
said  in  relation  to  Pensacola  that  in  addition  to  its  fine, 
capacious,  and  secure  harbor  and  deep  water,  it  lies  in  the  finest 
timber  region  on  the  Atlantic  waters.  The  supplies  of  live-oak 
to  all  the  navy  yards  of  the  country  come  from  Florida,  and  I 
was  going  to  say  from  Texas,  but  I  am  not  sure  of  that.  But 
in  Florida  and  on  the  coast  of  Texas  along  the  Colorado  and 
Lower  Brazos  are  vast  supplies  of  live-oak  timber.  In  south 
eastern  Texas,  back  of  the  Sabine  Pass,  on  the  Sabine  and 
Neches  rivers,  there  are  almost  limitless  amounts  of  as  fine 
white-oak  as  grows  on  the  continent.  And  many  years  ago  I 
was  told  by  a  gentleman  who  had  made  an  examination  of  the 
fine  pine  regions  bordering  these  two  rivers  lying  back  of  the 
Sabine  Pass  that  even  then,  since  the  pine  had  been  cut  as  in 
Maine  and  in  Florida,  the  finest  timber  for  spars  and  masts  was 
to  be  found  in  eastern  Texas.  So  that  you  have  the  live-oak 
and  white-oak  if  needed,  and  the  finest  timber  for  masts  and 
spars  on  the  Atlantic  waters  close  around  Pensacola. 

In  addition  to  this  there  are  mines  of  coal  and  iron  up  the 
Alabama  River  now  being  developed  in  limitless  quantities  at 
a  convenient  distance  from  Pensacola.  The  means  of  transpor 
tation  for  the  coal  and  iron  which  go  down  the  Mississippi 
River  to  Pensacola  are  such  that  they  may  be  carried  there  with 
great  ease  and  facility  and  cheapness ;  so  that  they  have  all  the 
materials  necessary  for  the  repair  or  construction  and  supply  of 
ships.  I  see,  therefore,  no  reason  why  that  place  should  not  be 
considered  as  occupying  a  commanding  position  for  a  navy  yard. 

The  suggestion  has  been  made  that  Pensacola  is  subject  to 
occasional  visitations  of  yellow  fever,  and  that  in  the  prevalence 
of  that  disease  the  workmen  may  have  to  abandon  their  post  of 
duty.  It  is  true  that  all  the  towns  and  cities  upon  that  coast  are 
occasionally  subject  to  visitations  of  yellow  fever.  But  it  is 
proper  for  me  to  say  that  in  a  period  of  fifteen  years  at  least — 
and  some  more,  I  think,  may  be  added  to  that,  but  I  will  not 
undertake  to  say  precisely  how  many  from  memory — that  city 
has  only  been  visited  twice  by  yellow  fever. 

MR.  HEWITT  of  Alabama.     It  never  originates  there. 

MR.  FINLEY.     It  is  always  imported. 


324  MEMOIRS    BY    JOHN    H.    REAGAN 

MR.  REAGAN.  Two  gentlemen  near  me  suggest  that  it  never 
originates  there  and  is  always  imported.  Proper  quarantine 
regulations  will  at  all  times  protect  that  place  against  yellow 
fever. 

But  the  time  which  might  be  lost,  it  may  be  once  in  five  years 
or  so,  by  the  workmen  at  that  yard  for  that  reason,  will  not  be 
equal  to  the  loss  of  time  in  the  cold  regions  of  the  North,  where 
our  navy  yards  are,  because  of  frost  and  snow.  With  the 
exception  of  such  danger  as  may  exist  from  this  source  there 
is  nothing  at  all  in  the  way  at  any  time  or  at  any  season  of  the 
year  to  impede  the  work  of  construction  and  repairs  going  on 
at  that  navy  yard. 

It  will  not  do  to  say  that  because  the  people  of  that  region  are 
sometimes  subject  to  the  scourge  of  the  yellow  fever — and  I 
understand  from  physicians  that  in  modern  times  it  has  modified 
somewhat  in  its  type,  and  possesses  less  terror  for  the  people 
than  formerly — it  should  be  remembered  that  our  country  is 
there,  our  people  are  there,  our  commerce  and  trade  are  there, 
our  national  honor  is  pledged  as  much  to  the  protection  of  that 
people  and  that  commerce  as  it  is  to  the  protection  of  any  other 
portion  of  the  American  people  and  the  American  commerce. 
Where  our  people  live,  where  they  rear  their  families,  where 
they  make  their  homes  in  the  sunny  lands  of  the  South  as 
happily  as  elsewhere,  surely  the  officers  and  employees  of  the 
Government  can  live. 

I  say  this  in  order  to  meet  that  argument  if  it  be  suggested. 
It  has  just  as  much  force  as  I  have  indicated,  and  no  more.  It 
will  not  do  to  say  that  that  country  must  be  abandoned  to  its 
fate ;  that  the  commerce  of  the  vast  region  of  country  that  pours 
into  the  Gulf  of  Mexico  is  in  case  of  war  to  be  left  at  the  mercy 
of  the  enemy  because  sometimes  there  may  be  yellow  fever  at 
Pensacola  where  our  navy  yard  is. 

I  have  said  this  much  because  I  feel  that  in  proposing  to  strike 
out  so  much  of  the  appropriation  as  is  necessary  to  keep  in 
existence  the  navy  yard  at  Pensacola  the  committee  have  made 
a  great  mistake.  The  national  interest,  the  national  honor,  and 
the  national  peace  demand  that  it  shall  not  be  done. 

The  Committee  on  Naval  Affairs  make  a  different  recommen 
dation,  but  we  are  not  now  dealing  with  their  report.  It  recom 
mends,  as  I  understand,  in  conformity  with  the  recommendation 
of  the  Secretary  of  the  Navy,  that  the  Pensacola  navy  yard  shall 
be  preserved  for  repairs  and  supplies.  If  we  make  no  appropria 
tion  for  it,  the  law  leaves  it  without  the  means  of  carrying  it  on, 


APPENDIX    F  325 

and  the  vast  amount  of  money  that  has  already  been  expended 
there  must  be  lost,  the  national  defense  must  suffer,  and  in  the 
event  of  war  the  commerce  of  our  country  must  be  unprotected 
to  an  extent  that  I  am  not  now  fully  prepared  to  show.  I  have 
said  this  for  the  purpose  of  calling  the  attention  of  the  Com 
mittee  of  the  Whole  this  evening  to  the  subject,  so  that  when  the 
proper  time  arrives  I  may  offer  the  necessary  amendment  to 
preserve  this  navy  yard  as  recommended  by  the  Secretary  of 
the  Navy  and  by  the  Committee  on  Naval  Affairs. 


APPENDIX  G 
THE  LOUISIANA  RETURNING  BOARD 

MR.  REAGAN.  Mr.  Speaker,  the  gentleman  from  Pennsyl 
vania  (Mr.  Kelley)  has  just  told  us  that  this  House  is  not 
clothed  with  imperial  powers.  We  might  infer  from  his 
remarks,  and  from  those  of  his  political  associates,  that  there 
was  in  this  country  no  body  which  was  omnipotent,  irresponsible, 
and  imperial,  but  a  Louisiana  returning  board. 

The  gentleman  from  Iowa  (Mr.  Kasson)  warns  us  against 
the  unconstitutionality  and  danger  of  seizing  upon  the  State 
officers  and  State  archives  of  Louisiana  and  bringing  them 
before  this  House.  The  gentleman  and  others  seem  to  forget 
that  a  Republican  Senate  brought  the  same  kind  of  officers  and 
archives  from  Louisiana,  before  their  committee  here  during  the 
last  Congress,  and  these  gentlemen  made  no  complaint  or  protest 
against  that.  And  the  Republican  Senate  has  at  this  session 
broueht  the  Governor  of  Oregon  before  its  committee,  and  these 
gentlemen  have  made  no  complaint  or  protest  against  that. 

MR.  KASSON.  There  was  no  protest  I  believe ;  there  was  no 
issue  made  in  either  case  by  the  State  authorities. 

MR.  REAGAN.  Mr.  Speaker,  in  the  short  time  allowed  me  for 
the  discussion  of  the  question  before  the  House,  and  without 
opportunity  for  careful  preparation,  I  shall  not  be  able  to  make 
a  fair  presentation  of  it. 

We  are  within  a  few  weeks  of  the  time  when  Congress  is 
required  by  the  Constitution  to  count  the  electoral  votes  for 
President  and  Vice-President  of  the  United  States  and  declare 
the  result. 

The  mode  and  manner  of  appointing  electors  is  left  by  the 
Constitution  to  be  determined  by  the  States.  The  question  as 
to  who  are  electors  must  be  determined  by  Congress. 

It  is  insisted  by  some  of  the  gentlemen  who  have  spoken  on 
the  Republican  side  that  the  States  must  determine  who  are 
electors,  and  that  Congress  cannot  inquire  into  that  question ; 
that,  in  the  language  of  the  gentleman  from  Ohio  (Mr. 


APPENDIX    G  327 

Lawrence),  the  action  of  the  returning  board  is  final  and  con 
clusive  and  this  house  has  no  power  or  authority  to  change  the 
result.  And  this  view  is  also  sustained  by  the  gentleman  from 
Maine  (Mr.  Frye),  the  gentleman  from  Ohio  (Mr.  Garfield), 
and  the  gentleman  from  Iowa  (Mr.  Kasson). 

I  assume  that  in  accordance  with  the  unbroken  line  of 
precedents  of  ninety  years,  covering  twenty- two  elections  for 
President  and  Vice-President  of  the  United  States  and  the 
whole  period  of  the  constitutional  government  of  the  Union, 
Congress  will  count  the  electoral  vote,  that  it  will  determine  for 
itself  who  are  electors  and  entitled  to  vote;  and  that  for  this 
purpose  it  will,  if  necessary,  go  behind  the  certificates  of  election 
and  behind  the  action  of  returning  boards  to  ascertain  the  will 
of  the  people  as  expressed  by  their  votes. 

In  the  election  of  Mr.  Monroe  in  1817  Congress  went  behind 
the  certificate  of  election,  and  the  acts  of  the  returning  officers 
of  the  election  in  the  State  of  Indiana,  to  determine  whether  the 
electoral  vote  of  that  State  should  be  counted.  In  the  election 
of  Mr.  Monroe  in  1821  Congress  went  behind  the  certificate  of 
election,  and  the  action  of  the  returning  officers  of  the  State  of 
Missouri,  to  determine  whether  the  electoral  votes  of  that  State 
should  be  counted.  In  the  election  of  Mr.  Van  Buren  in  1837 
Congress  went  behind  the  certificate  of  election,  and  the  action 
of  the  returning  officers  of  the  State  of  Michigan,  to  determine 
whether  the  electoral  votes  of  that  State  should  be  counted. 
And  in  that  election  a  committee  of  three  on  the  part  of  the 
Senate,  consisting  of  Felix  Grundy  of  Tennessee,  Henry  Clay 
of  Kentucky,  and  Silas  Wright  of  New  York,  in  conjunction 
with  a  committee  of  five  members  of  the  House  of  Representa 
tives,  by  order  of  the  two  Houses,  went  behind  the  certificates 
of  election  and  behind  the  action  of  the  returning  officers  of  the 
States  to  ascertain  whether  electors  had  been  chosen  contrary  to 
the  prohibition  contained  in  the  second  section  of  the  second 
article  of  the  Constitution.  And  that  committee  reported  that 
they  were  "of  opinion  that  the  second  section  of  the  second 
article  of  the  Constitution  which  declares  that  'no  Senator  or 
Representative,  or  person  holding  an  office  of  trust  or  profit 
under  the  United  States,  shall  be  appointed  an  elector,'  "  ought 
to  be  carried  in  its  whole  spirit  into  rigid  execution  in  order  to 
prevent  officers  of  the  General  Government  from  bringing  their 
official  power  to  influence  the  elections  of  President  and  Vice- 
President  of  the  United  States.  This  provision  of  the  Constitu 
tion,  it  is  believed,  excludes  and  disqualifies  deputy  postmasters 


328  MEMOIRS    BY    JOHN    H.    REAGAN 

from  the  appointment  as  electors,  and  the  disqualification  relates 
to  the  time  of  the  appointments,  and  that  a  resignation  of  the 
office  of  the  deputy  postmaster,  after  his  appointment,  as  elector, 
would  not  entitle  him  to  vote  as  elector  under  the  Constitution. 
And  this  opinion  of  these  great  Senators  may  be  useful  in  our 
present  troubles  upon  other  questions  than  the  one  I  am  now 
considering. 

In  the  election  of  Mr.  Buchanan  in  1857  Congress  went  behind 
the  certificate  of  election  and  the  action  of  the  returning  officers 
of  the  State  of  Wisconsin  to  determine  whether  the  electoral 
votes  of  that  State  should  be  counted.  In  the  election  of  Mr. 
Lincoln  in  1865,  Congress,  with  large  Republican  majorities  in 
both  Houses,  adopted  the  twenty-second  joint  rule  for  the  gov 
ernment  of  the  two  Houses  in  counting  the  electoral  votes  for 
President  and  Vice-President  of  the  United  States  under  which, 
in  the  election  of  that  year,  and  in  the  election  of  General  Grant 
in  1869,  and  again  in  1873,  Congress,  upon  deliberate  considera 
tion,  went  behind  the  certificates  of  election  and  the  action  of 
the  returning  officers  of  different  States  and  excluded  their 
electoral  votes.  And  under  this  joint  rule  such  electoral  votes 
might  be  and  were  excluded  by  the  objection  of  either  House 
without  the  concurrence  of  the  other.  And  if  the  law  and  facts 
require  it  to  be  done,  I  take  it  that  the  votes  of  States  or  of 
particular  electors  will  be  excluded  by  the  objection  of  either 
House  in  this  election,  as  they  have  been  in  past  elections. 

On  this  question  of  the  right  of  Congress  "to  exclude  from 
counting  all  electoral  votes  deemed  by  them  illegal,"  I  will  read 
the  special  message  of  President  Lincoln  of  February  10,  1865. 
It  is  as  follows  : 

To  THE  HONORABLE  THE  SENATE  AND  HOUSE  OF  REPRESENTATIVES  : 

The  joint  resolution  entitled  "Joint  resolution  declaring  certain  States 
not  entitled  to  representation  in  the  electoral  College"  has  been  signed 
by  the  Executive  in  deference  to  the  view  of  Congress  implied  in  its 
passage  and  presentation  to  him.  In  his  own  view,  however,  the  two 
Houses  of  Congress,  convened  under  the  twelfth  article  of  the  Consti 
tution,  have  complete  power  to  exclude  from  counting  all  electoral 
votes  deemed  by  them  to  be  illegal,  and  it  is  not  competent  for  the 
Executive  to  defeat  or  obstruct  that  power  by  a  veto,  as  would  be  the 
case  if  his  action  were  at  all  essential  in  the  matter.  He  disclaims 
all  right  of  the  Executive  to  interfere,  in  any  way  in  the  matter  of 
canvassing  or  counting  electoral  votes,  and  he  also  disclaims  that  by 
signing  said  resolution  he  has,  expressed  any  opinion  on  the  recitals 
of  the  preamble  or  any  judgment  of  his  own  upon  the  subject  of  the 
resolution. 

ABRAHAM  LINCOLN. 
Executive  Mansion,  February  8,  1865. 


APPENDIX    G  329 

Our  friends  on  the  Republican  side  show  a  new-born  and 
wonderful  zeal  for  the  doctrine  of  States'  Rights,  which  they 
have  labored  sp  earnestly  for  years  to  try  to  render  odious.  In 
great  kindness  and  charity,  I  suggest  to  them  that  I  know 
gentlemen  in  this  country  who  some  years  back  got  into  very 
serious  trouble  on  account  of  their  devotion  to  the  doctrine  of 
States'  Rights.  But  I  will  express  the  hope  that  these  gentlemen 
may  be  more  fortunate.  They  manifest  on  this  occasion  a  holy 
horror  at  the  idea  of  the  Federal  Government  interfering  in 
elections  in  the  States.  And  yet  it  is  that  party  that  introduced 
into  the  Constitution  of  the  United  States  in  the  last  few  years, 
for  the  first  time  in  the  history  of  the  Government,  provisions 
in  relation  to  the  rights  of  citizens  to  vote  in  the  States.  It  is 
that  party  which  has  in  the  last  few  years,  for  the  first  time  in 
the  history  of  the  Government,  passed  elaborate  acts  of  Congress 
to  regulate  and  protect  the  rights  of  citizens  to  vote  in  the 
several  States.  It  is  that  party  which  provided  for  and  appoints 
supervisors  of  elections  in  the  States  of  the  Federal  Government. 
It  is  that  party  which,  by  its  Attorney-General,  with  the  sanction 
of  its  President  and  his  Cabinet,  and  with  the  approval  of  the 
Republicans  of  the  Senate  and  this  House,  appoints  an  army  of 
deputy  marshals,  to  be  paid  out  of  the  Federal  Treasury,  to 
manage  and  control  elections  in  the  States  for  the  worst  of 
partisan  purposes ;  and  who,  to  this  end,  were  authorized  to  use 
the  Army  of  the  United  States  in  controlling  such  elections, 
without  any  demand  by  the  States,  as  provided  for  in  the  Con 
stitution,  for  such  troops,  and  when  there  was  no  legitimate 
necessity  for  them.  It  is  this  party  which,  through  its  President, 
with  the  sanction  of  his  Cabinet,  and  with  approval  of  the 
Republican  Senators,  and  members  and  Representatives,  and  of 
the  great  body  of  the  party,  openly  employs  the  Army  of  the 
United  States  to  overthrow  lawful  civil  State  governments 
formed  by  the  will  of  the  people,  and  substitutes  in  their  place 
other  governments  in  the  States  which  have  no  other  authority 
for  their  existence  than  what  is  derived  from  military  orders 
and  the  unlawful  and  unconstitutional  use  of  the  Army;  and 
which  openly  and  notoriously  uses  the  Army  of  the  United 
States  to  overawe  and  intimidate  the  people  and  to  carry  elec 
tions,  both  Federal  and  State. 

This  is  the  party  which  has  so  holy  a  horror  now  of  the  inter 
ference  of  the  Fecleral  Government  with  elections  in  the  States ; 
when,  too,  it  is  at  this  very  moment  using  the  Army  of  the 
United  States  to  keep  out  of  office  governors  and  other  State 


330  MEMOIRS    BY   JOHN    H.    REAGAN 

officers,  State  senators  and  representatives,  and  district  and 
county  officers  in  two  States,  which  were  elected  by  the  people, 
and  to  put  into  their  places  by  force  and  fraud  those  who  were 
defeated  by  the  people. 

When  these  gentlemen  tell  us  that  the  work  of  the  returning 
boards,  such  as  that  in  Louisiana,  are  conclusive,  and  cannot  be 
impeached  or  inquired  into  even  for  fraud,  and  for  being  in 
violation  of  law,  do  they  forget  that  they  have  been,  without 
objection  or  protest,  trying  cases  of  contested  seats  of  members 
of  this  House  from  that  State  at  every  Congress  since  the  dis 
graceful  election  laws  and  infamous  returning  board  of  that 
State  had  an  existence ;  and  that  in  each  case  they  were  going 
behind  the  action  of  this  returning  board,  and  treating  it,  as  it 
ought  to  be  treated,  as  furnishing  by  its  action  a  prima  facie 
case  of  election  only,  which  may  be  rightfully  inquired  into  by 
this  House,  and  which  has  been  so  inquired  into  by  this  House, 
and  the  action  of  the  Louisiana  returning  board  set  aside  on 
different  occasions,  and  the  true  result  of  the  election  by  the 
people  announced  by  this  House?  It  is  remarkable  that  these 
gentlemen  cannot  understand  a  principle  which  is  as  old  as  the 
law  of  elections,  and  firmly  established  by  almost  countless 
precedents,  that  an  election  by  the  people  is  determined  by  the 
votes  of  the  people,  and  that  the  returns  of  the  officers  of  such 
elections  are  only  prima  facie  the  evidence  of  an  election,  and 
may  always  be  set  aside  for  fraud  or  illegality,  and  the  true 
result  announced.  Fraud  always  vitiates  everything ;  a  solemn 
deed  or  the  record  of  the  highest  court  will  be  annulled,  set  aside, 
held  for  naught,  if  made  or  procured  by  fraud. 

The  committee  in  the  report  under  consideration  say  in  sub 
stance  that  public  rumor  charges  fraud  in  the  Louisiana  election. 
It  is  proposed  to  investigate  this  fraud.  We  know  from  news 
paper  reports,  and  from  the  statements  of  both  citizens  and 
officers,  that  a  Democratic  majority  of  more  than  8,000  has  been 
by  that  returning  board  converted  into  a  Republican  majority  of 
more  than  3,000.  We  wish  to  know  just  how  this  was  done; 
and  the  whole  country  wishes  to  know  how  it  was  done,  and 
has  a  right  to  know  how  it  was  done,  as  it  may  determine  the 
result  of  the  election  of  President  and  Vice-President  of  the 
United  States. 

And  yet  Republican  members  on  this  floor, — representatives 
of  a  part  of  the  American  people, — distinguished  for  their 
ability  and  public  experience,  tell  us  that  even  if  this  returning 
board  has  been  guilty  of  fraud  and  of  unlawful  conduct,  though 


APPENDIX    G  331 

it  may  be  leprous  with  fraud,  a  stench  in  the  nostrils  of  all 
honest  men,  and  a  hissing  and  by-word  throughout  Christendom, 
still  its  frauds  are  so  sacred,  so  inviolable,  so  beyond  the  reach 
of  honest  men,  good  morals,  and  sound  principles  of  law,  that  it 
must  outweigh  the  honest  votes  of  more  than  four  millions  of 
freemen  in  a  Government  created,  upheld,  and  perpetuated  so 
far  by  public  opinion,  as  made  known  through  the  lawful  votes 
of  the  people,  as  contradistinguished  from  a  government  created, 
upheld,  and  perpetuated  by  either  force  or  fraud. 

This  position  is  so  monstrous  that  I  am  persuaded  gentlemen 
who  are  driven  into  it  by  partisan  heat  or  supposed  political 
exigencies  will,  in  after  and  calmer  times,  be  amazed  that  they 
should  have  avowed  such  doctrines. 

The  gentleman  from  Iowa  (Mr.  Kasson)  and  several  of  his 
brethren  have  made  or  attempted  to  make  the  issue  that  we 
could  not  go  into  the  States  and  seize  State  officers,  acting  under 
State  laws,  and  State  records  and  bring  them  before  this  House 
or  its  committee,  without  violating  the  Constitution  and  tramp 
ling  down  State  rights.  I  suggest  that  such  an  issue  is  not 
presented  by  the  report  before  us,  and  that  therefore  we  need 
not  discuss  or  decide  it.  The  duty  is  devolved  on  Congress  to 
count  the  electoral  votes  for  President  and  Vice-President  of 
the  United  States.  Our  authority  to  do  so  is  derived  from  the 
Constitution  of  the  United  States.  And  these  are  the  higher 
officers  of  the  Government  of  the  United  States.  They  are  not 
State  officers.  We  are  not  State  officers.  The  only  warrant 
for  our  action  is  that  Constitution.  In  the  performance  of  this 
great  duty  are  we  to  accept  fraudulent  and  illegal  acts  of  a 
returning  board  whose  infamy  is  both  national  and  world-wide, 
without  inquiry  as  binding  on  us?  Or  are  we  to  inquire  for 
the  very  truth  ?  The  common-sense,  natural,  reasonable  Ameri 
can  way  is  to  inquire  for  the  very  truth.  To  do  this  we  must 
authorize  our  committee  to  purge  the  consciences  of  the  members 
of  that  board,  and  to  examine  the  poll-books,  returns,  etc.,  on 
which  their  action  was  based,  and  whether  that  action  was  in 
accordance  with  law  and  is  sustained  by  the  facts.  That  board 
not  only  spirited  away  a  Democratic  majority  of  over  eight 
thousand  and  gave  to  their  party  a  majority  of  over  three 
thousand,  but  their  final  and  most  important  action  in  doing  it 
was  in  secret.  The  law  of  their  existence  required  that  the 
board  should  be  composed  of  members  of  all  political  parties. 
It  should  have  consisted  of  five  members;  but  in  fact  did  only 
have  four  members,  and  these  were  all  Republicans.  They  were 


332  MEMOIRS   BY   JOHN    H.    REAGAN 

applied  to  repeatedly  to  fill  the  vacancy  by  the  appointment  of  a 
Democrat,  which  they  refused  to  do,  under  the  sham  pretense 
that  they  were  equally  divided  on  the  question  as  to  whether 
they  should  fill  it.  It  looks  like  they  had  determined  to 
perpetrate  a  great  fraud,  and  resorted  to  subterfuge  and  trick 
to  prevent  any  Democrat  from  witnessing  and  exposing  that 
fraud. 

The  gentlemen  who  take  this  extraordinary  position  as  to  the 
sanctity  and  sacredness  of  the  acts  of  a  fraudulent  returning 
board  seem  to  lose  their  reckoning  in  many  respects.  Suppose 
two  returns  come  from  one  State, — and  we  are  advised  that 
there  will  be  duplicate  returns  from  four  or  five  States  in  this 
election, — we  must  use  our  judgment  and  discretion,  we  must 
determine,  decide  in  each  case  which  is  the  true  and  proper 
return,  which  contains  the  true  vote  of  the  people  and  is 
presented  by  the  proper  electors,  and  with  the  proper  authenti 
cation.  We  must,  if  necessary,  go  behind  the  returns  them 
selves,  and  behind  the  action  of  the  returning  officers,  to  deter 
mine  this.  So  returns  may  be  made,  as  in  the  election  of  Mr. 
Van  Buren  in  1837,  of  persons  who  appear  to  have  been  elected 
as  electors  but  who  are  ineligible ;  and  we  may  now  as  then  have 
to  go  behind  the  returns  to  determine  this,  and  to  prevent 
persons  from  voting  for  President  and  Vice-President  who  are 
not  permitted  by  the  Constitution  to  be  electors. 

But  I  will  not  multiply  the  instances  in  which,  from  the  very 
necessity  of  the  case,  we  may  have  to  go  behind  the  returns  and 
behind  the  action  of  returning  boards  in  the  discharge  of  the 
high  duty  we  owe  to  the  whole  people  to  see  honestly  and  fairly 
that  those  elected  by  them  shall  be  declared  by  us  to  have  been 
elected.  And  no  fraud,  no  illegality,  no  trick  or  subterfuge 
must  stand  in  the  way  of  common  honesty,  plain  duty,  and 
obedience  to  law  in  this  respect.  We  want  the  truth  and  the 
whole  truth  about  this  election.  This  cannot  be  reached  without 
compelling  the  witnesses  named  to  testify  and  to  produce  their 
records  and  books  for  inspection  of  the  committee.  I  do  not 
doubt  our  jurisdiction  for  this  purpose.  Surely  this  great  body, 
clothed  with  jurisdiction  over  this  subject,  has  as  much  power 
to  compel  witnesses  to  testify  and  to  produce  papers  as  a  district 
or  county  court  in  one  of  the  States  or  Territories  or  of  the 
District  of  Columbia. 

But  it  is  insisted  that  villainy  has  invented  a  contrivance  in 
Louisiana  which  not  only  sanctifies  fraud  and  illegality,  but 
bind?  our  consciences,  and  defies  our  authority  and  powers  in 


APPENDIX    G  333 

counting  and  declaring  the  result  of  the  electoral  vote.  It  is 
said  the  legislature  of  that  State  has  clothed  the  board  with  all 
judicial  powers,  and  has  declared  its  action  binding  and  final 
on  all  elections.  I  must  insist  that  in  common  justice  and  by 
all  law  it  is  only  binding  and  final  when  it  is  in  accordance  with 
law  and  is  free  from  fraud.  Its  action  is  not  and  cannot  be 
more  binding,  final,  and  conclusive  than  a  decision  of  the 
Supreme  Court  of  the  United  States,  and  even  a  judgment  of 
that  august  tribunal  would  be  set  aside  and  annulled  if  after  it 
is  made  it  should  be  found  that  the  court  had  no  jurisdiction  of 
the  case,  or  that  its  judgment  had  been  obtained  by  fraud,  or 
had  been  the  result  of  accident  or  mistake.  The  law  makes  the 
judgments  and  decrees  of  this  great  court  final  and  conclusive 
as  to  the  parties  to  the  litigation,  and  they  may  be  set  aside, 
annulled,  for  fraud  or  want  of  jurisdiction;  but  yet  we  are 
gravely  asked  to  agree  that  the  doings  of  this  fraudulent  return 
ing  board,  under  a  law  which  was  designed  as  a  cheat  and 
swindle,  has  more  sanctity  than  such  a  judgment  or  decree. 
Can  folly  go  further  or  presumption  become  more  audacious 
than  this? 


APPENDIX  H 

During  the  consideration  of  the  bill  of  the  House  of  Repre 
sentatives,  No.  514,  relating  to  the  celebration  of  American 
Independence,  January  19,  1876,  Congressional  Record,  pp. 
507-8,  I  submitted  the  following  remarks : 

MR.  REAGAN.  Mr.  Chairman,  it  was  not  my  intention  until 
yesterday  to  participate  in  any  way  in  this  debate.  In  what  I 
shall  have  to  say  I  do  not  propose  to  controvert  the  views  pre 
sented  by  any  member  who  has  preceded  me  in  this  discussion. 
Nor  do  I  propose  to  look  at  anything  in  the  light  of  a  partisan, 
but  simply  as  representing  a  part  of  the  American  people.  If 
in  these  remarks  I  touch  incidentally  on  any  question  which 
might  seem  inappropriate  to  the  occasion,  before  concluding 
the  few  observations  which  I  have  to  make  it  will  be  seen  that 
it  is  for  no  purpose  of  unkindness  but  for  the  purpose  of  illus 
trating  the  views  I  present,  and  the  position  in  which  I  find 
myself  in  this  connection. 

In  determining  to  vote  for  the  centennial  bill,  I  am  confronted 
by  considerations  well  calculated  to  produce  embarrassment, 
and  which  may  not  be  realized  by  gentlemen  differently  situated. 
Those  may  well  rejoice  who  are  free,  and  prosperous,  and  happy, 
and  those  who  are  weighed  down  with  poverty,  suffering  from 
proscription,  while  remaining  under  the  displeasure  of  the  Gov 
ernment,  can  but  mourn  over  their  condition  and  hope  for  a 
better  future. 

We  have  among  us  soldiers  of  the  war  of  1812,  heroes  of  our 
second  war  for  independence,  who  fought  the  battles  of  our 
country  before  many  of  us  were  born,  and  who  are  now  tottering 
into  the  grave,  and  who  are  not  permitted  to  draw  their  pensions 
because  they  may  have  sympathized  with  the  South  in  the  recent 
civil  war,  though  then  too  old  to  participate  in  it.  We  have 
public  contractors  who  carried  the  mails  and  did  other  service 
for  the  Government  before  the  war,  who,  for  the  same  reason, 
are  refused  compensation.  And  we  still  have  a  few  hundred 
men,  and  these  for  the  most  part  the  best,  the  wisest,  and  most 
conservative,  who  are  denied  some  of  the  rights  of  American 
citizenship. 


APPENDIX    H  335 

These  classes,  while  they  may  rejoice  at  every  step  toward 
peace  and  reconciliation,  must  still  feel  that  they  are  precluded 
from  participation  in  the  feelings  of  universal  joy  which  should 
characterize  the  year  and  the  occasion ;  that  there  is  no  year  of 
peace  and  jubilee  with  them.  I  do  not  say  these  things  in  a 
querulous  spirit,  but  rather  with  a  painful  sense  that  duty 
requires  that  they  should  be  said. 

But  looking  to  other  and  broader  considerations,  and  desiring 
to  reflect  the  wishes  of  the  great  body  of  the  people  I  represent, 
in  favor  of  charity  and  good  will  between  the  people  of  all  parts 
of  the  country,  and  in  the  hope  that  fuller  justice  will  be  done 
the  classes  I  have  referred  to  in  the  future,  and  to  avoid  the 
suspicion  that  the  people  I  represent  are  still  hostile  to  the 
Government,  and  especially  because  I  believe  the  year  and  the 
occasion  can  be  made  to  subserve  the  noble  purpose  of 
reunifying  the  American  people,  of  creating  anew  the  feelings 
of  patriotism  common  to  the  whole  country,  so  that  the  whole 
people  can  participate  in  the  blessings  of  liberty,  in  the  expense 
of  preserving  it,  in  the  perils  if  need  be,  of  defending  it,  as  one 
common  brotherhood,  as  our  people  were  in  former  years. 

The  Southern  people  are  peculiarly  interested  in  the  events 
of  this  year.  A  great  and  protracted  civil  war,  with  the  long 
controversy  which  led  to  it,  and  a  system  of  what  was  called 
reconstruction  measures,  as  disastrous  to  them  as  the  war  itself, 
have  so  wrenched  and  distorted  the  Constitution,  and  obscured 
the  principles  of  civil  liberty  and  just  government,  as  to  make 
a  serious  and  earnest  recurrence  to  the  principles  of  the  Declara 
tion  of  Independence,  of  the  Constitution  of  the  United  States, 
and  of  the  spirit  and  genius  of  our  Government  and  institutions, 
a  paramount  necessity.  This,  it  seems  to  me,  is  the  most  vital 
thought  connected  with  the  centennial  celebration  to  every  part 
of  the  country  and  to  all  the  people. 

I  feel  that  I  represent  truly  the  wishes  and  the  interests  of 
those  who  sent  me  here  by  showing  by  this  vote  that  we  at  least 
can  forgive  in  our  sufferings  and  sorrows,  if  others  cannot  in 
their  triumphs  and  prosperity.  And  in  this  vote  I  give  one  of 
the  best  pledges  I  can  of  the  desire  of  our  people  to  be  restored 
to  their  proper  place  in  the  Union,  to  participate  in  its  prosperity, 
to  enjoy  the  blessings  common  to  all  others  in  it,  and  share  in 
its  glories. 

It  is  wonderful  to  contemplate  the  progress  of  our  country 
and  the  world  during  the  past  century.  The  invention  and 
successful  use  of  various  labor-saving  machines,  the  application 


336  MEMOIRS    BY    JOHN    H.    REAGAN 

of  steam  and  electricity  to  the  practical  uses  of  life,  the  improve 
ments  in  chemistry  and  in  the  mechanic  arts,  the  discovery  and 
application  of  new  principles  in  philosophy  and  science,  have 
gone  beyond  what  could  have  been  dreamed  of  by  our  revolu 
tionary  sires.  The  diffusion  of  knowledge  which  has  been 
brought  about  by  the  high  perfection  of  the  art  of  printing  and 
by  the  improved  facilities  for  printing  books  and  newspapers, 
the  rapid  transmission  of  intelligence  by  mails  and  telegraph, 
and  the  facilities  for  rapid  communication  by  steam  vessels  and 
railroads  have  created  a  new  world,  and  have  done  much  toward 
making  all  useful  knowledge  common  to  the  human  family, 
while  our  progress  in  agriculture,  in  manufacturing,  and  in 
commerce  is  the  wonder  of  mankind. 

A  hundred  years  ago  we  had  but  a  little  over  three  millions  of 
population.  Now  we  have  forty  millions.  Then  our  settle 
ments  were  limited  to  the  country  east  of  the  Alleehany  Moun 
tains  and  to  a  few  settlers  in  the  Ohio  Valley.  Now  they  extend 
from  the  Atlantic  to  the  Pacific  Ocean  and  from  the  Great  Lakes 
to  the  Rio  Grande.  Then  that  vast  region  of  country  west  of 
the  Alleghany  Mountains,  and  especially  west  of  the  Ohio  and 
Mississippi  Rivers,  was  almost  an  unknown  wilderness  to  our 
ancestors,  the  hunting  ground  of  the  savage  Indian  tribes. 
Now  our  settlements  dot  it  all  over,  our  armies  patrol  the  whole 
of  our  frontier  regions,  mails  carry  the  news,  social  and  business 
intelligence  to  every  part  of  the  country,  and  our  seventy-two 
thousand  miles  of  railroad  span  the  continent  and  furnish  the 
means  of  the  most  rapid  travel  and  transportation  to  nearly  all 
parts  of  the  Republic.  These  things,  this  wonderful  advance 
ment  in  material  progress  and  development,  are  certainly  worthy 
of  commemoration  at  the  end  of  the  first  hundred  years  of  our 
political  existence  as  a  people.  But  I  do  not  mention  them  so 
much  for  that  purpose  as  to  state  by  contrast  that  we  have 
something  still  more  worthy  of  commemoration. 

A  hundred  years  ago  the  received  political  theory  of  the  great 
powers  of  the  earth  was  that  the  kings  and  emperors  ruled  the 
people  by  some  sort  of  right  superior  to  any  which  could  spring 
from  themselves ;  that  the  body  of  the  people  were  incapable  of 
self-government,  of  preserving  political  authority  and  public 
order  and  the  rights  of  persons  and  of  property  if  left  to  them 
selves  ;  that  they  must  be  governed  by  a  higher  authority  than 
they  possessed;  that  they  were  subjects  as  contradistinguished 
from  citizens ;  that  they  must  be  ruled  by  power,  force,  repres 
sion,  instead  of  by  their  voluntary  consent. 


APPENDIX    H  337 

Privileged  orders  in  society,  embracing  kings  and  nobles, 
were  necessary  to  support  this  theory.  The  splendid,  titled, 
gilded  few,  the  oppressed  and  toiling  many,  with  despotism, 
oppression,  and  wrongs  in  all  their  forms,  were  its  necessary 
fruits. 

The  Declaration  of  Independence  of  the  4th  of  July,  1776, 
was  the  brave,  bold,  clear,  ringing  announcement,  by  earnest, 
thoughtful,  wise  men,  of  a  political  theory  which,  if  not  new  to 
the  world,  was  new  in  its  practical  application,  as  furnishing  the 
political  rules  for  the  preservation  of  the  rights  and  liberties  of 
a  whole  people. 

In  that,  man's  capacity  for  self-government  was  announced 
as  a  political  axiom.  All  titles  of  nobility  and  exclusive  priv 
ileges  were  declared  at  an  end.  A  government  resting  on  the 
free  voluntary  consent  of  the  people  was  proclaimed.  Political 
sovereignty  was  declared  to  reside  in  the  people.  Following 
these  declarations,  a  system  of  government,  State  and  Federal, 
was  adopted  which  secured  to  our  people  all  the  bulwarks  of 
civil  liberty  reserved  out  of  the  powers  of  the  governments 
which  they  formed  for  themselves. 

No  Congress  or  legislature,  no  President  or  Governor,  no 
judge  of  a  Federal  or  State  court,  no  officer  of  the  Army  or 
Navy,  was  allowed  to  invade  or  disregard  the  rights  of  the 
humblest  citizen.  No  citizen  could  be  arrested  by  arbitrary 
power,  but  only  upon  an  affidavit  charging  an  offense  against 
the  law,  and  upon  a  lawful  warrant,  and  by  a  person  authorized 
by  law  to  execute  it.  And  any  citizen  so  arrested  was  entitled 
to  a  speedy  public  trial;  to  be  heard  by  himself,  or  counsel  in 
his  defense ;  to  be  confronted  by  the  witnesses  against  him,  and 
to  have  compulsory  process  to  obtain  witnesses  in  his  favor ;  to 
a  fair  trial  by  a  jury  of  his  peers;  with  the  military  declared 
subordinate  to  the  civil  authority,  and  the  inestimable  right  of 
the  writ  of  habeas  corpus  declared  inviolate;  the  duties  of  all 
public  officers  defined  by  the  Constitution  and  laws,  and  they 
held  amenable  for  any  infraction  of  them,  as  strictly  as  the  most 
humble  citizen  in  the  walks  of  private  life ;  no  man,  in  whatso 
ever  position,  was  above  the  law;  and  all  were  under  the  aegis 
of  its  protection.  These  were  among  its  beneficent,  its  heaven- 
born  provisions.  It  was,  in  brief,  the  establishment  of  a  govern 
ment  founded  on  the  authority  of  the  people,  and  made  by  them 
for  their  own  benefit.  It  was  a  grand  political  experiment, 
scoffed  at  and  derided  by  the  friends  of  royalty  and  aristocracy 
as  the  inauguration  of  organized  anarchy,  but  now  vindicated 


338  MEMOIRS    BY    JOHN    H.    REAGAN 

by  a  hundred  years  of  experience  in  peace  and  war,  and  under 
all  the  vicissitudes  to  which  governments  are  exposed,  as  the 
best  system  of  government  ever  devised  by  the  wisdom  of  man, 
illustrated  by  the  most  wonderful  growth  and  development  of 
any  known  to  the  history  of  the  world. 

It  is  to  these  immortal,  undying  principles,  to  this  peculiarly 
American  federal  system  of  government,  uniting  many  nations 
in  one,  and  so  dividing  their  powers  as  to  leave  national  and 
international  matters  to  the  Federal  Government,  and  local 
matters  to  the  several  States,  that  we  are  indebted  for  all  we 
are  as  a  people  ;  for  all  our  great  growth  in  population,  in  wealth, 
in  power,  in  material  development,  in  liberty,  and  in  the  happi 
ness  of  our  people. 

The  preservation  of  these  principles  and  this  system  is,  in  my 
judgment,  the  sole  condition  on  which  the  Republic  can  be  made 
to  survive  to  another  and  other  centennial  years.  God  grant 
they  may  be  preserved  to  bless  a  thousand  other  generations. 

If  these  propositions  are  true, — and  who  is  there  that  will 
question  their  truth?— then  the  chief  merit  of  the  centennial 
celebration  should  be  made  to  consist  in  asserting  anew  these 
great  principles  of  this  system,  and  in  contributing  our  part  to 
transmit  them  to  our  posterity  as  we  received  them  from  our 
revolutionary  fathers. 

Let  us  in  this  centennial  year  honor  these  as  the  cause  of  our 
growth,  prosperity,  power  and  greatness  in  a  higher  degree  than 
we  may  our  material  development,  which  is  but  the  fruit  that 
they  have  borne.  And  let  us  re-embalm  the  memories  of  the 
great  and  good  men  who  gave  this  political  system  to  us  and  to 
the  world. 

I  would  in  conclusion  add  the  expression  of  one  hope,  of  one 
prayer,  humbly  and  earnestly,  and  that  is  that  some  good  spirit 
may  so  direct  the  action  of  this  Congress  that  on  the  4th  day  of 
next  July  every  citizen  in  this  Republic  may  be  as  free  as 
American  citizens  were  intended  to  be  made  by  the  Declaration 
of  Independence,  and  possessed  of  all  the  rights  which  the  Con 
stitution  and  the  laws  secure  to  any. 

I  beg  to  call  the  attention  of  the  committee  to  the  fact 
Great  Britain,  against  whom  our  fathers  rebelled,  forgetting 
what  she  lost  in  the  war  of  the  Revolution,  and  by  our  success, 
and  guided  alike  by  wise  statesmanship  and  Christian  charity, 
will  be  here  to  do  honor  to  the  occasion.  Shall  it  be  our  own 
people  alone,  on  this  great  festival  of  freedom,  to  whom  the 
assembled  representatives  of  all  nations  on  that  day  shall  point 


APPENDIX    H  339 

as  being  so  lacking  in  charity  and  wisdom  as  to  make  a  few 
hundred  out  of  so  many  millions  feel  the  bitter  anguish  which 
must  follow  a  denial  to  them  of  the  rights  of  citizenship  ?  Let 
us  make  this  year  a  centennial  and  a  jubilee  together. 


APPENDIX  I 

MR.  REAGAN.  Mr.  President,  before  the  Senate  proceeds 
with  the  disposition  of  the  amendments  to  the  bill  under  consid 
eration,  I  desire  to  say  a  few  words  in  reference  to  the  position 
assumed  yesterday  by  the  distinguished  senior  Senator  from 
New  York  [Mr.  Evarts]. 

I  preface  what  I  have  to  say  by  remarking  that  if  we  accept 
his  hypothesis,  if  we  accept  his  theory — he  is  able  and  he  is  a 
good  logician — it  would  be  difficult  to  answer  his  arguments. 
He  made  a  very  forceful  and  impressive  argument  in  favor  of 
law,  of  the  paramount  importance  of  obedience  to  the  law,  and 
of  respect  for  the  Constitution.  He  insisted  that  it  was  the 
duty  of  all  good  citizens  to  obey  the  Constitution  and  the  laws. 
I  mean  this  was  the  substance  of  his  position.  In  discussing 
such  a  question  with  so  great  a  lawyer  as  the  Senator  from  New 
York  one  should  be  very  sure  of  the  ground  he  proposes  to 
occupy. 

I  take  it  that  that  Senator  has  no  greater  desire  to  see  the 
Constitution  of  the  United  States  upheld  and  the  laws  of  the 
land  faithfully  enforced  than  every  other  Senator  on  this  side 
of  the  Chamber  or  on  that.  It  is  doubtless  the  conviction  of 
that  Senator  that  he  is  right  in  his  assumption  that  he  is  serving 
the  public  in  urging  obedience  to  the  law  and  in  urging  the 
passage  of  this  bill.  My  objection  to  the  bill  is  that  it  is  itself  a 
violation  of  the  fundamental  law  of  the  land  and  that  in  urging 
its  passage  the  appeal  is  made  to  the  Senate  of  the  United  States 
to  violate  that  very  Constitution  which  we  all  have  taken  an  oath 
to  support.  I  know  Senators  will  reply  that  the  Constitution 
gives  to  Congress  the  power  to  regulate  "the  time,  places,  and 
manner  of  holding  elections."  The  provisions  of  our  Consti 
tution  are  that : 

The  times,  places  and  manner  of  holding  elections  for  Senators  and 
Representatives  shall  be  prescribed  in  each  State  by  the  legislature 
thereof;  but  the  Congress  may  at  any  time  by  law  make  or  alter  such 
regulations,  except  as  to  the  place  of  choosing  Senators- 


APPENDIX   I  341 

In  any  interpretation  of  this  provision  we  see  that  primarily 
the  power  of  the  regulation  of  the  times,  places,  and  manner  of 
holding  elections  is  to  be  prescribed  by  the  States.  Then,  when 
it  is  said  in  the  same  paragraph  that  "Congress  may  at  any  time 
by  law  make  or  alter  such  regulations,"  we  must  of  necessity 
inquire  how  it  came  that  the  learned,  the  able,  the  patriotic  men 
who  framed  that  clause  of  the  Constitution  put  two  provisions 
in  that  paragraph,  seemingly  in  conflict  with  each  other,  for  they 
are  in  conflict  with  each  other,  and  I  venture  the  statement,  and 
I  believe  I  have  made  it  before,  that  there  is  no  other  provision 
of  the  Constitution  of  the  United  States  of  double  and  doubtful 
construction  like  this.  If  this  question,  therefore,  were  before 
a  court  for  construction  of  this  provision,  the  inquiry  would  be 
instituted,  how  came  it  that  these  conflicting  provisions  were 
inserted  in  the  same  clause  of  the  Constitution  ? 

If  the  Senators  would  turn  to  the  debates  of  the  convention 
which  formed  that  Constitution  and  to  its  journals  they  would 
find  reason  why  the  two  powers  were  placed  as  they  are  in  that 
clause.  It  would  there  be  seen  that  it  was  intended  to  give  the 
States  control  over  the  elections  primarily,  and  the  debates 
would  show  further  that  the  question  arose  as  to  whether  the 
States  might  not  decline  to  elect  Senators  and  Representatives, 
and  by  such  declination  dissolve  the  Union  or  separate  them 
selves  from  it,  withdraw  from  its  authority. 

The  thought  was  doubtless  prompted  by  the  historical  fact 
that  some  of  the  States  were  very  slow,  very  tardy  in  sending 
their  Representatives  to  the  Continental  Congress,  and  the  busi 
ness  on  that  account  was  retarded  and  the  powers  of  Congress 
were  interfered  with  to  some  extent  by  the  neglect  of  the  States 
to  be  promptly  represented  in  that  Congress.  That  being  so, 
not  looking  to  what  might  occur  in  the  future,  which  has  actually 
occurred  and  which  is  known  to  us  now,  but  looking  to  the 
experience  of  the  past,  the  Congress  thought  it  best  to  make 
provisions  primarily  that  the  States  should  control  these  elec 
tions,  and  secondarily,  if  the  States  failed  to  provide  for  the 
election  of  Senators  and  Representatives,  the  power  should  be 
conferred  upon  Congress  to  enable  the  Government  to  perpetuate 
itself. 

That  is  the  line  of  the  argument  which  is  presented  in  the 
debate  in  the  convention.  That  is  what  the  commentators  on 
the  Constitution  of  the  United  States  give  as  the  history  of  the 
insertion  of  that  provision. 


342.  MEMOIRS    BY   JOHN    H.    REAGAN 

If  that  be  accepted,  I  appeal  to  all  fair-minded  men  who  seek 
to  give  the  Constitution  a  fair  and  reasonable  interpretation,  that 
they  must  concede  we  have  no  power  and  that  Congress  has  no 
right  to  provide  for  the  election  of  Representatives  and  Senators 
so  long  as  the  States  make  provision  for  their  election,  and  they 
are  in  the  service  and  in  the  discharge  of  their  duties  in  the  two 
Houses  of  Congress. 

If  they  are  there,  that  is  all  that  the  Constitution  contemplates. 
It  was  to  secure  that  end  that  that  provision  was  alternatively 
inserted  in  the  Constitution  of  the  United  States.  So  I  repeat 
what  I  have  said  before,  when  the  States  have  provided  by  law 
for  the  election  of  their  Senators  and  Representatives  and  those 
Senators  and  Representatives  are  in  discharge  of  their  duties  in 
their  places  in  Congress,  Congress  has  no  more  right  to  usurp 
the  powers  of  the  States  and  attempt  to  discharge  the  duties  of 
the  States  than  if  that  provision  had  not  been  inserted  in  the 
Constitution  at  all. 

Mr.  President,  I  suppose,  however,  that  it  is  not  very  useful 
to  undertake  to  argue  a  question  of  constitutional  right  and 
propriety.  It  is  hard  to  say  that  in  the  Senate  of  the  United 
States,  but  the  idea  has  become  so  prevalent  that  the  war  has 
revised  the  Constitution  and  substantially  obliterated  the  rights 
of  the  States  that  we  have  two  sets  of  opinions  in  this  country 
upon  that  subject;  but  the  Constitution  stands  as  it  did,  except 
as  to  the  amendments  which  have  been  engrafted  upon  it.  Its 
interpretation  stands  to-day  as  it  did  aforetime,  except  as  it  is 
qualified  by  the  amendments  to  it  which  have  been  adopted. 
None  of  these  amendments  has  taken  away  the  tenth  amend 
ment  of  the  Constitution,  adopted  a  year  or  two  after  the  Con 
stitution  itself  was  adopted,  in  which  it  was  declared  that. 

The  powers  not  delegated  to  the  United  States  by  the  Constitution, 
nor  prohibited  by  it  to  the  States,  are  reserved  to  the  States,  or  to  the 
people. 

When  we  go  to  the  Constitution  for  this  power,  we  find  it  in 
the  clause  which  I  have  referred  to,  and  upon  a  just  interpre 
tation,  upon  a  reasonable  interpretation,  I  insist  that  we  are  not 
authorized  to  provide  for  the  election  of  Senators  and  Repre 
sentatives  to  Congress  when  the  States  have  made  full  and 
ample  provisions  for  that  purpose  and  when  those  Senators  and 
those  Representatives  are  in  the  discharge  of  their  duties  in  the 
respective  Houses. 


APPENDIX    I  343 

Besides  this,  Mr.  President,  all  persons  must  see  that  two 
systems  of  laws  providing  regulations  for  the  same  elections 
must  produce  jarring,  inconvenience,  and  confusion.  I  know 
that  it  has  been  said  by  the  Supreme  Court  that  if  there  is  a 
conflict  the  laws  of  the  States  must  yield  to  those  of  the  Union. 
I  am  not  going  to  comment  upon  that  decision  of  the  Supreme 
Court  to-night.  It  is  not  necessary  in  the  line  of  argument 
which  I  have  in  view. 

A  very  grave  consideration  follows.  We  cannot  too  often 
recur  to  the  fact  that  our  system  of  free  constitutional  govern 
ment  rests  upon  two  principles,  the  sovereignty  of  the  people 
and  their  capacity  for  self-government.  It  is  these  which 
distinguish  our  system  of  government  from  the  systems  of 
monarchies  which  prevail  in  other  parts  of  the  world.  Under 
those  systems  it  is  held  that  sovereignty  resides  in  the  governing 
power ;  whether  it  be  king,  emperor,  or  parliament,  whatever 
the  ruling  power  may  be,  the  sovereignty  resides  there ;  that  the 
people  are  subjects,  that  they  must  be  governed  by  a  power 
superior  to  themselves,  because  they  are  incapable  of  self- 
government  ;  they  must  be  governed  by  a  power  capable  by 
repression,  by  coercion,  of  preserving  peace  and  order  in  society 
and  the  rights  of  person  and  property  to  citizens. 

In  the  formation  of  our  Government  the  great  experiment 
was  entered  upon  of  trusting  the  formation  of  the  Government 
to  the  people  themselves.  To  that  end  it  was  held  that  they 
were  sovereign,  that  they  were  the  government-making  power, 
that  they  had  intelligence  enough  to  enable  them  to  organize 
governments,  to  enact  laws  through  the  proper  agencies,  to 
interpret  laws  through  the  proper  agencies,  to  administer  laws 
and  to  enforce  laws  through  the  proper  agencies ;  and  for  more 
than  one  hundred  years  of  peace  and  war  the  people  of  these 
United  States  have  vindicated  the  justice  and  the  wisdom  of  the 
men  who  assumed  that  they  were  sovereign,  and  that  they  had 
virtue  and  intelligence  enough  to  organize  and  administer 
governments  such  as  would  preserve  order  and  peace  and  the 
rights  of  person  and  property. 

Mr.  President,  in  the  face  of  that,  Senators  propose  to  enact 
a  law  which  assumes  the  fact  that  the  people  of  the  States  of 
this  Union  are  no  longer  capable  of  self-government,  for,  if  they 
are  capable  of  self-government,  they  may  proceed  as  they  have 
heretofore  proceeded  by  enacting  all  the  laws  necessary  to  the 
public  welfare,  and  amongst  those  the  laws  which  enable  them 
to  elect  their  Representatives  and  Senators. 


344  MEMOIRS    BY    JOHN    H.    REAGAN 

Are  we  prepared  to  take  that  step  ?  Are  we  prepared  to  say 
to  the  American  people  that  the  people  of  this  great,  grand 
Republic  are  no  longer  to  be  trusted  with  the  rights  of  self- 
government  ?  Are  we  to  say  that  they  have  to  be  governed  by 
agencies  from  without,  by  a  power  from  without  superior  to 
themselves?  If  we  say  that  we  abandon  the  foundation  prin 
ciples  of  our  Government,  we  repudiate  the  capacity  of  the 
people  for  self-government,  we  deny  their  right  of  self-govern 
ment,  principles  as  sacred  as  liberty  itself  to  all  true  Americans. 

If  we  are  to  assume  that  the  people  are  no  longer  capable  of 
self-government,  by  whom  are  they  to  be  governed  ?  We  have 
no  royalty  here  yet,  thank  God;  we  have  no  legal  aristocracy 
here  yet,  thank  God.  Though  we  have  a  strongly  intrenched 
moneyed  aristocracy,  we  have  no  hereditary  governing  class 
here  as  yet.  Who,  then,  are  they,  of  superior  wisdom  and  of 
superior  virtue,  who  are  to  rule  the  people  of  the  several  States, 
who  are  to  enact  laws  for  them,  hold  elections  for  them,  because 
they  are  no  longer  qualified  to  enact  laws  and  enforce  them  for 
the  election  of  their  Representatives  to  Congress  ?  Where  are 
they  to  come  from  ? 

They  must  be  a  portion  of  this  very  class  of  people  who,  by 
the  theory  of  this  bill,  are  held  to  be  'incapable  of  self-govern 
ment.  They  must  come  from  the  States  of  this  country.  What, 
then,  is  to  endow  them  with  superior  wisdom  and  virtue  as 
Federal  officers  which  it  is  assumed  they  will  not  have  as  State 
officers?  Whence  comes  this  superior  wisdom?  How  is  it 
that  a  Federal  law  or  a  Federal  commission  is  to  make  men 
wiser  and  to  make  them  better  than  when  they  are  invested  with 
authority  by  the  people  themselves  in  the  exercise  of  their  own 
sovereign  rights  ?  Are  they  to  be  more  virtuous  and  more  wise 
because  they  are  selected  by  some  one  not  responsible  to  the 
people  ?  The  whole  theory  seems  to  me  to  be  not  only  absurd, 
but  appalling  to  the  friends  of  liberty  and  to  the  friends  of  con 
stitutional  government. 

The  difficulty  which  we  encounter  is  that  Senators,  like  the 
great  Senator  from  New  York  (Mr.  Evarts)  yesterday  and  like 
the  distinguished  Senator  from  Rhode  Island  (Mr.  Dixon) 
to-night,  assume  that  the  American  people  is  one  great  aggrega 
tion,  to  be  operated  upon  by  acts  of  Congress  as  if  there  were  no 
Constitution,  no  States,  no  State  boundaries,  no  State  laws,  no 
State  rights.  It  is  the  assumption  that  the  Congress  is  respon 
sible  for  the  morals,  the  habits,  the  individual  conduct  of  citizens 
of  the  United  States. 


APPENDIX    I  345 

Why,  sir,  there  are  long  lines  of  decisions  made  by  the 
Supreme  Court  of  the  United  States  showing  that  the  individual 
in  the  State  is  responsible  to  his  State  for  the  violation  of  the 
laws  of  his  State,  and  that  neither  Congress  nor  the  Federal 
Courts  can  take  jurisdiction  of  him,  and  yet  we  disregard  all 
that  and  assume  here,  by  the  theory  of  this  bill  and  by  the  argu 
ments  of  distinguished  Senators,  that  the  American  people  is 
one  great  mass  to  be  influenced  and  controlled  by  acts  of  Con 
gress,  and  that  Congress  must  take  cognizance  of  the  violation 
of  morals  and  law  in  the  several  States.  That  is  the  theory. 
The  theory  is  one  which  has  been  exploded  over  and  over  again 
by  the  Supreme  Court  of  the  United  States.  It  is  one  that  is 
repugnant  to  our  common  sense  of  right  and  propriety.  It  is 
one  that  denies  the  right  and  capacity  of  the  people  to  govern 
themselves. 

Mr.  President,  many  crimes  are  committed  in  all  the  States 
of  this  Union.  Murder  is  committed,  arson,  robbery,  all  the 
crimes  in  the  catalogue.  Interference  with  the  elective  fran 
chise,  bribery,  and  corruption  in  elections  occur  in  every  State 
in  this  Union,  and  if  the  theory  of  this  bill  is  right  the  State 
should  be  wiped  out  and  Congress  should  provide  for  the  pun 
ishment  of  those  offenses,  and  yet  Congress,  I  suppose,  would 
hesitate  to  take  that  last  step. 

If  Senators  could  get  their  consent  to  recognize  the  Constitu 
tion  which  they  talk  so  much  about,  to  recognize  its  limitations, 
to  obey  its  commands,  and  if  in  doing  this  they  could  forget  that 
they  have  political  and  party  ends  to  accomplish  by  violating 
the  Constitution,  we  should  be  in  very  much  safer  condition  than 
I  feel  the  American  people  are  to-night. 

Political  majorities  may  change,  and  if  I  do  not  mistake  the 
character  of  the  American  people,  bills  like  this  if  enacted  into 
law  will  produce  one  of  those  changes  such  as  was  produced  on 
a  similar  subject  ninety  years  ago.  The  Federalists,  under  the 
leader  of  the  extreme  consolidationists,  chose  to  enact  what  is 
known  in  the  history  of  our  Government  as  the  Alien  and  Sedi 
tion  Laws,  interfering  with  the  freedom  of  speech,  interfering 
with  the  liberty  of  the  citizen,  and  in  instances  denying  him  the 
right  of  trial  by  jury  before  whom  his  rights  ought  to  be 
determined. 

That  act  of  attempting  to  overthrow  our  system  which  recog 
nized  the  capacity  of  the  people  for  self-government  and  their 
sovereignty  caused  the  burial  in  the  tomb  of  the  Capulets  of 
the  party  which  enacted  it,  to  be  no  more  resurrected  by  the 


346  MEMOIRS    BY    JOHN    H.    REAGAN 

name  of  Federalist.  Though  that  attempt  to  subordinate  the 
liberties  of  the  people  to  the  purposes  of  power,  consolidation, 
and  usurpation  overthrew  that  party,  Senators  at  this  day  refuse 
to  accept  its  warning,  to  recognize  its  force,  and  now  measures 
looking  to  the  consolidation  and  centralization  of  all  power 
in  the  Federal  Government  have  gone  far  beyond  what  Ham 
ilton,  the  Adamses,  Knox,  or  any  Federalist  of  that  time  ever 
dreamed  of. 

Why,  sir,  the  very  atmosphere  is  permeated  with  the  ideas  of 
consolidation  and  of  centralization  to  such  an  extent  that  it  is 
hardly  considered  respectable  to  appeal  to  the  rights  of  the 
States  and  the  liberty  of  the  citizen  as  in  contrast  with  the 
powers  of  the  Federal  Government.  It  may  go  that  way,  Mr. 
President;  it  may  grow  worse,  but  while  I  am  spared  to  live, 
whether  in  public  or  in  private  life,  I  do  not  propose  to  abandon 
the  great  underlying  principles  of  our  Government,  and  hence 
to  sacrifice  the  liberties  of  the  American  people  and  the  rights 
of  American  States  to  promote  the  fortunes  of  any  party,  much 
less  a  party  which  has  been  so  overwhelmingly  and  instinctively 
repudiated  by  the  American  people  at  a  very  recent  day.  But 
that  warning  voice  seems  not  to  be  heard,  and  one  listening  to 
the  debates  in  this  body  has  his  mind  involuntarily  turned  to 
what  Napoleon  said  of  the  Bourbons,  that  they  never  forgot  and 
never  learned  anything. 

Senators  go  on  here  arguing  in  the  same  set  phrase  that  they 
did  fifteen  years  ago,  when  the  Republicans  of  New  England 
were  controlling  this  continent ;  when  all  the  powers  of  the  Gov 
ernment  were  subordinated  to  their  fortunes;  when  they  held 
absolute  political  power.  Some  of  them — one  venerable  Senator 
whom  we  all  respect,  but  whom  I  will  not  now  name,  evidently 
has  no  conception  of  the  march  of  events,  of  a  change  of  convic 
tion,  of  the  determination  of  the  people  to  resume  the  control  of 
their  own  government,  to  resume  control  of  their  own  interests, 
to  defy  monopoly,  to  strike  down  class  legislation,  to  resume 
again  the  government  that  will  protect  all  alike  and  give  special 
and  exclusive  privileges  to  none. 

The  people  mean  this,  but  Senators  do  not  seem  to  understand 
it.  It  seems  that  they  cannot  realize  this  fact.  I  notice  another 
venerable  Senator,  whom  I  will  not  now  name,  who  knows 
enough  of  events  now  transpiring  to  irritate  him  when  he  sees 
the  grip  upon  power  falling  away.  Senators  may  as  well  under 
stand  that  the  star  of  empire  is  on  its  way  westward,  that  no 
section  of  the  country,  that  no  half-dozen  States  are  any  longer 


APPENDIX    I  347 

to  control  the  destinies  of  this  great  Republic.  These  forty- 
four  States  have  now  and  are  in  the  future  to  have  a  voice  in  its 
affairs,  in  the  shaping  of  its  legislation,  in  the  direction  of  its 
policy,  in  procuring  justice  to  the  people,  in  striking  down  the 
power  which  has  been  oppressing  them. 

MR.  HOAR.     Will  the  Senator  allow  me  to  ask  him  a  question  ? 

MR.  REAGAN.     Yes,  sir. 

MR.  HOAR.  The  Senator  has  been  in  the  minority  in  this 
country  for  twenty-five  years.  Did  he  abandon  his  political 
principles  or  any  of  them  in  consequence  of  that  ? 

MR.  REAGAN.  I  do  not  know  that  I  understand  the  Senator's 
question. 

MR.  HOAR.  The  Senator  has  commented  on  the  fact  that 
certain  Senators,  as  he  says,  do  not  heed  the  warning  of  a  recent 
election.  The  question  I  put  to  him  is  this :  He  has  been  in  a 
political  minority  in  this  country  for  twenty-five  years.  Did  he 
change  his  political  principles  or  any  of  them  for  that  reason  ? 

MR.  REAGAN.  Well,  I  have  not  been  in  the  minority  for  all 
of  the  twenty-five  years.  (Laughter.)  I  have  never  been  the 
advocate  or  promoter  of  monopoly.  I  have  never  been  the 
advocate  or  promoter  of  centralization.  I  have  never  been  the 
advocate  or  promoter  of  injustice  and  oppression.  I  have  advo 
cated  what  I  have  understood  to  be  the  constitutional  rules  of 
right,  and  I  have  had  no  occasion  to  change  my  principles.  I 
was  trying  to  present  the  view  that  there  were  Senators  upon 
this  floor  who  have  occasion  to  change  their  action  and  their 
principles  if  they  mean  to  keep  in  line  with  the  great  march  of 
American  intelligence  and  independence. 

When  Senators  in  the  name  of  law  and  in  the  name  of  our 
Constitution  appeal  to  us  to  violate  the  Constitution,  to  trample 
upon  the  rights  of  the  States,  to  deny  the  capacity  of  the  people 
for  self-government,  and  to  deny  the  sovereignty  of  the  people, 
ask  us  to  assent  that  there  is  a  sovereignty  outside  of  and  above 
them  which  must  deal  with  them,  it  seems  to  me  that  we  may 
well  reply  to  them,  before  they  upbraid  us  for  a  violation  of  the 
Constitution  or  a  disregard  of  law,  to  take  the  beam  out  of  their 
own  eyes  before  they  hunt  for  the  mote  in  ours. 

It  is  assumed  that  there  have  been  violations  of  law  in  the 
suppression  of  the  right  of  certain  people  to  vote  and  a  denial  of 
the  right  to  vote.  It  is  unfortunately  true  that  in  one  way  or 
another,  sometimes  by  force,  sometimes  by  fraud,  sometimes  by 
bribery  in  every  State  in  this  Union,  the  elective  franchise  has 
been  interfered  with.  It  may  be  that  there  have  been  more 
disturbances  on  this  subject  in  the  Southern  States  than  in  other 
States. 


348  MEMOIRS   BY   JOHN    H.    REAGAN 

If  there  have  been,  it  is  because  the  circumstances  in  which 
they  are  placed  are  different  from  the  circumstances  in  which 
the  people  of  the  other  States  find  themselves.  It  is  because 
for  political  purposes  the  right  of  suffrage  was  conferred  upon 
a  people  not  capable,  as  a  general  rule,  of  exercising  that  right. 
That  fact  was  known  when  the  act  was  done.  It  was  recognized 
by  the  great  leaders  of  the  Republican  party.  Mr.  Morton  and 
other  distinguished  Republicans  assumed  and  declared  that  the 
black  people  were  incapable  of  intelligently  exercising  the 
elective  franchise.  I  refer  not  to  our  respected  President  of 
the  Senate,  but  to  the  late  Senator  from  Indiana.  In  a  political 
exigency,  in  the  face  of  law  and  knowledge  the  great  wrong  was 
done  of  conferring  the  elective  franchise  upon  a  people  the  great 
mass  of  whom  had  no  capacity  for  the  intelligent  exercise  of 
that  right,  the  great  mass  of  whom  did  not  know  what  the 
functions  of  public  officers  were  and  had  no  conception  of  the 
qualities  necessary  to  enable  persons  to  discharge  the  functions 
of  those  offices. 

That  being  done,  the  people  of  the  South  who  had  thrust  upon 
them  a  large  mass  of  ignorant  voters  had  the  most  serious  and 
most  dangerous  problem  that  ever  fell  upon  a  civilized  and 
enlightened  people  to  contend  with,  and  they  ought  to  have  had 
the  sympathy,  the  encouragement,  and  the  support  of  their 
brethren  elsewhere  to  solve  that  problem  in  the  interests  of 
civilization  and  of  right.  Instead  of  that,  Mr.  President,  laws 
were  passed  which  took  from  a  very  large  class  of  the  white 
people  there  even  the  right  to  vote.  They  could  neither  hold 
office  nor  vote. 

At  the  same  time  military  governments  were  erected  and  the 
writ  of  habeas  corpus  was  struck  down.  Military  orders  were 
sufficient  to  authorize  an  arrest  without  warrant.  Without  a 
writ  and  without  an  assigned  cause  citizens  were  arrested  and 
held  indefinitely  in  prison.  While  this  was  going  on,  a  set  of 
men,  such  as  may  God  protect  the  world  from  in  any  future  time 
or  place,  followed  the  Army,  and  they  with  some  revenue 
officers  and  military  officers  organized  a  system  of  what  they 
called  loyal  leagues,  a  secret  system  in  which  the  negroes  were 
instructed  that  the  white  people  were  their  enemies,  in  which 
the  negroes  were  banded  together  in  hostility  to  the  whites  and 
made  to  fear  that  the  whites  would  re-enslave  them,  when  all 
intelligent  people  knew  that  the  day  of  their  slavery  had  gone  by. 

They  did  everything  they  could  to  embitter  the  feelings 
between  the  whites  and  the  blacks,  and  they  succeeded.  At  that 


APPENDIX    I  349 

time  the  white  people  had  been  overthrown  in  battle.  Tens  of 
thousands  of  their  bravest  and  best  men  slept  upon  the  field  of 
honor  where  there  was  no  waking.  Society  was  broken  up ;  the 
industrial  system  of  the  whole  country  was  overturned ;  the 
means  of  the  people  had  been  exhausted  in  the  war ;  they  were 
trampled  under  foot ;  they  were  disfranchised ;  they  were  denied 
the  protection  of  the  law,  and  the  black  people  who  lived 
amongst  them  were  encouraged  to  distrust  and  hate  them. 

Mr.  President,  it  was  a  hard  thing,  and  I  have  thought,  and 
I  think  to-night,  the  most  surprising  of  all  the  things  connected 
with  the  events  of  that  time  was  that  a  people  so  circumstanced, 
environed  by  such  calamities,  such  powers,  such  danger,  was 
able  to  preserve  organized  society,  to  reorganize  their  industries, 
to  organize  their  governments,  and  to  establish  liberty  again 
upon  its  old  basis  of  obedience  to  the  constitutions  and  laws  of 
the  States  and  of  the  United  States. 

I  think,  sir,  that  no  part  of  the  human  race  will  ever  be  entitled 
to  higher  honors  than  that  portion  of  the  white  race  of  the 
Southern  States  which,  under  such  circumstances,  restored  so 
ciety  and  government  when  it  was  supposed  to  be  to  the  political 
interests  of  the  dominant  party  in  the  country  to  force  them  to 
abandon  their  principles  and  join  a  new  party  or  submit  to 
despotism. 

Why,  sir,  it  is  well  known  that  there  was  no  man  of  any 
respectability  in  that  country  during  those  days  who  could  not 
have  had  an  office  if  he  would  have  sacrificed  his  manhood, 
surrendered  his  honor,  and  been  willing  to  accept  office  and 
emoluments  instead  of  preserving  his  manhood  and  vindicating 
the  great  character  of  an  American  citizen.  We  know  that. 
That  being  put  upon  us,  violence  did  arise,  acts  of  violence  were 
committed,  and  no  doubt  acts  of  fraud  have  been  committed. 

But,  Mr.  President,  what  I  wish  to  say  in  connection  with 
that  is  that  year  by  year,  as  the  blacks  have  learned,  step  by 
step,  that  the  white  people  were  not  their  enemies,  but  were 
their  friends ;  as  they  have  learned  to  unlearn  the  bad  lessons 
that  carpetbaggers  taught  them,  race  conflicts  have  subsided, 
conflicts  of  interests  have  subsided,  conflicts  of  opinion  have 
subsided,  and  year  by  year  there  has  been  less  and  less  violence, 
until  in  the  election  of  last  November,  when  members  of  Con 
gress  were  to  be  elected,  governors  of  States,  members  of  State 
legislatures,  the  elections  were  quiet  and  as  peaceable  in  the 
Southern  States  as  they  were  elsewhere ;  and  if  you  would  let 
the  people  there  alone  we  need  not  ask  other  help.  I  see  the 
Senator  from  Wisconsin  (Mr.  Spooner)  smiles  when  I  say  "let 
tnem  alone."  Very  well.  "Nero  fiddled  when  Rome  burned." 


350  MEMOIRS    BY   JOHN    H.    REAGAN 

If  they  would  allow  us  to  proceed  it  would  be  but  a  short  time 
until  what  is  called  the  "race  problem,"  in  my  opinion,  would 
settle  itself.  We  have  a  great  many  doctrinaires  who  have  been 
propounding  theories  for  settling  the  race  problem.  The  wisest 
theory  upon  that  subject  is  for  a  man  to  attend  to  his  own  busi 
ness  and  let  the  race  problem  alone.  Let  the  people  who  have 
an  interdependence  upon  each  other,  whites  and  blacks,  cultivate 
that  interdependence.  The  people  there  know,  as  well  as  the 
people  elsewhere  know,  the  necessity  for  obedience  to  law ;  they 
know  there  as  well  as  elsewhere  the  necessity  for  preserving 
sound  morals,  a  respect  for  the  law,  and  authority  of  the  courts 
and  of  the  Constitution. 

They  are  as  anxious  as  people  can  be  anywhere  else  that  extra 
ordinary  exigencies  such  as  never  have  attended  the  human  race 
elsewhere — for  such  a  problem  never  fell  upon  the  human  race 
elsewhere  that  I  know  of — should  be  justly  solved.  These 
exigencies  caused  attrition  and  trouble,  but  that  is  passing  away 
year  by  year.  Let  us  hope  that  this  Government  may  be  per 
mitted  to  go  on  as  it  has  in  the  past,  that  its  people  may  be 
allowed  to  exercise  the  right  which  they  have  for  more  than  a 
hundred  years  enjoyed  here,  that  they  may  be  trusted  to  carry 
on  their  State  governments,  and  that  they  may  not  be  held 
incapable  of  doing  so. 

Mr.  President,  suppose  we  do  this,  suppose  we  strike  down 
the  rights  of  the  States,  deny  the  sovereignty  of  the  people,  will 
we  not  have  inflicted  upon  the  whole  American  people  a  deadly 
wound,  and  upon  the  Constitution  an  evil  infinitely  greater  than 
any  local  disturbance  between  whites  and  blacks  or  other  kinds 
of  people  in  any  other  part  of  the  country  ?  Is  that  to  be  over 
looked?  Are  political  exigencies  to  induce  us  to  commit  a 
greater  crime  than  has  ever  been  committed  in  local  communities 
with  reference  to  the  right  of  suffrage  by  striking  down  the 
sovereignty  of  the  States  and  of  the  people?  It  seems  to  me 
that  we  are  in  danger  of  committing  the  crime  of  crimes. 

This  Government  is  but  a  hundred  years  old,  and  yet  it  has 
come  to  be  a  recognized  fact  that  money  is  controlling  popular 
elections.  It  is  alleged  that  members  of  Congress  are  elected 
by  money.  It  is  even  insisted  that  a  President  has  been  elected 
by  money.  However  this  may  be,  the  fact  that  money  is  recog 
nized  as  an  agency  in  elections  by  all  political  parties  in  this 
country  is  a  palpable  and  it  is  a  mournful  fact.  Rome  held  the 
name  of  a  Republic  for  three  hundred  years  after  liberty  was 
dead  and  despotism  was  enthroned. 


APPENDIX    I  351 

They  reached  the  point  where  the  government  was  put  up  for 
sale  to  the  highest  bidder.  I  trust  we  are  not  to  have  our  hired 
legions  to  take  charge  of  this  Government  through  the  instru 
mentality  of  money.  If  we  would  avoid  that,  we  must  respect 
the  Constitution,  we  must  prevent  and  punish  the  use  of  cor 
rupting  means  in  all  elections  everywhere,  but  not  through  acts 
of  Congress.  Leave  the  several  States  of  this  Union  to  do  that, 
and  they  will  do  it.  They  have  encountered  troubles.  To-day, 
sir,  in  New  Hampshire,  in  Nebraska,  in  Minnesota,  in  Colorado, 
in  New  Jersey,  I  believe,  and  in  Connecticut,  they  are  having 
political  troubles.  Are  you  going  to  pass  a  law  of  Congress  to 
cure  these  troubles  ?  I  pray  you,  Mr.  President,  that  that  may 
not  be  done.  Leave  it  to  those  people,  and  they  will  correct 
their  own  troubles.  They  will  restore  good  and  constitutional 
government  in  due  time. 

It  seems  to  me  that  we  have  reached  a  time  where  the  public 
mind  as  well  as  the  political  mind  has  been  greatly  debauched. 
We  have  reached  a  time  when  almost  all  classes  of  people  look  to 
Congress  to  legislate  for  the  promotion  of  their  personal 
fortunes.  This  has  sprung  from  the  fact  that  class  legislation 
has  enriched  classes.  Others  have  seen  this,  and  they  come  in 
and  say,  "Now  it  is  our  turn  to  be  enriched;  we  are  in  the 
majority."  Whither  are  we  drifting  if  this  is  to  be  the  case? 
Are  we  to  abandon  the  political  government  made  for  us  by  our 
fathers  and  establish  a  paternal  government  which  shall  take 
control  of  the  personal  fortune  of  each  citizen  ?  If  we  are,  sir, 
farewell  to  liberty,  and  let  the  greatest  robber  get  all  he  can. 

I  do  not  know  what  is  to  be  the  fate  of  this  bill.  I  pray  God 
for  the  good  of  our  country,  for  the  good  of  humanity,  that  this 
great  Republic,  standing  as  the  great  exemplar  for  the  lovers  of 
liberty  all  over  the  world,  may  not  be  stricken  down  in  the  house 
of  its  friends  by  the  passage  of  such  a  law  as  this,  that  the  world 
is  not  to  be  taught  that  the  Senate  of  the  United  States  believes 
the  people  of  the  American  States  incapable  of  self-government. 

I  pray  not,  Mr.  President.  I  suppose  life  is  as  dear  to  me  as 
it  is  to  most  people  and  those  in  near  relation  to  me  are  as  dear 
to  me  as  to  most  people ;  but,  as  God  is  my  judge  to-night,  if  I 
could  save  the  American  people  from  this  act  by  giving  my  life, 
I  would  surrender  it  as  freely  as  I  ever  performed  any  act  in 
my  life.  [Applause  in  the  galleries.] 


14  DAY  USE 

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